Legal Question in Real Estate Law in Georgia

Storm damage tree liability

We currently have a storm damaged tree located on our neighbor's property looming over our home. I have gotten confusing advice from the companies we have called for estimates to remove the tree. My neighbor says that it is our responsibility to remove the portion that is hanging over the property line. The gentleman contracted to do the work advised that since the tree was still on the neighbor's property and only hanging over our home due to storm damage that it was the neighbor's responsibility to have it removed. Before we approach our neighbor, whom we have a good relationship with, we wanted to see if we could find out if anyone knew for sure whose responsibility it was.


Asked on 10/13/02, 7:29 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Storm damage tree liability

If a clearly damaged tree on your neighbor's property were to fall on your house, he would be liable for your damages. However, in a spirit of keeping the peace, if I were in your shoes, I would have that portion of the tree looming over my house removed.

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Answered on 10/18/02, 9:34 am


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