Legal Question in Real Estate Law in Georgia
Who is responsible for tree trimming?
We have a pine tree whose limbs overhang a neighbor's house and roots run into her driveway. She want us to pay to cut the limbs, cut the roots that are buckling her driveway, and pressure wash the sap stains off her roof. We've been advised that though the tree is on our property, the each property owner is responsible for the parts of the tree on his/her property...she can do whatever she wants to those parts of the tree as long as she isn't negligent or willfully hurt the tree. The tree is healthy. She has sent a letter making the requests. Are we responsible?
1 Answer from Attorneys
Re: Who is responsible for tree trimming?
You could theoretically be liable for a tresspass, and damages to her property caused by your tree. That is a separate issue from whether she also has a right to trim the tree on her side. A good neighbor would consider the damage they may be doing to the adjoining lot, and work on a solution. You may also consider that if she cuts the limbs and roots on her side she is not likely to be as careful as you may be if you took the responsibility of cutting them.
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