Legal Question in Real Estate Law in Georgia
Split tree over property responsibilty
Two part question:
1. My neigbors huge oak tree split in a storm the other night. One large limb (approx. 12'' in diameter) was hanging over our property. He decided to remove the entire tree, but now states that the limb over our property is our resposibiley to pay for it's removal. Is it?
2. Two of my pine trees and one of his pine tree was holding the split limb up until the tree was removed. While the tree service was cutting the limb, one of my pine tree snapped it's truck about 10 feet from the ground and fell on my deck causing fairly major damage (ie: rebuilding the deck and replacing rear gutter on house). It's not rotten. Who's responsible.
1 Answer from Attorneys
Re: Split tree over property responsibilty
It sounds to me that the tree-cutting service would be responsible for the damage considering it was done while taking the tree down and not during it initial fall. And I don�t believe your neighbor would have a cause of action with regard to the cost of the limb�s removal.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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