Legal Question in Real Estate Law in Georgia

Standing Dead Tree Liability

The lot behind my lot has a large pine tree that is indisputably dead. The tree is no less than 80 feet tall and, if it would fall, would hit my house. Due to its size, weight, and location, it is a danger. Is my neighbor liable for any damage that the tree might cause? If I ask and the neighbor refuses to remove the tree, can I force its removal? Would the City of Alpharetta be empowered to facilitate the removal of the tree? Thanks.-


Asked on 7/15/02, 1:23 pm

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Standing Dead Tree Liability

If you gave your neighboring lot owner notice of the danger, and he or she did nothing, and you suffered damage, I have no doubt he our she would be liable.

You should bring the matter to the owner's attention immediately via certified mail - keep a copy.

Follow up if you get no response.

To "force" removal you would have to go to court.

I do not know what ordinances Alpharetta has. Many cities have ordinances where they can go in and abate nuisances on properties - and this often includes vegetation although it usually relates to weeds and rodents - and they they charge the landowner. Check with Alpharetta.

Read more
Answered on 7/15/02, 5:32 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia