Legal Question in Real Estate Law in Georgia

''Tree damage- who pays?''

Yesterday, during a storm a 150-ft poplar tree fell causing approximatley $575 worth of cleanup and hauling to remove. No structure was damaged, and insurance will not cover. It is questionable who actually owns the tree, becuase it is near our property line and our adjacent neighbor. From my perspective I would estimate a portion of the tree originally sat on our property and the majority on the adjacent neighbor's property. The tree actually fell into a 3rd neighbor's yard. Who is responsible for the cleanup? The tree did not appear dead, rotted, or infested.


Asked on 7/06/01, 3:14 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: ''Tree damage- who pays?''

Interesting Question. I am certain there are other facts that would change my answer, however, based ONLY on your facts: It would appear that you and your neighbor are partners (cotenants, actually) in the cleanup costs (or damages) to the 3rd neighbor. With regard to the cleanup costs, (based on the way you posed the question), you would be responsible for a "portion," and your contiguous neighbor would be responsible for the "majority." You all together have to pay to get the tree out of the 3rd neighbor's yard. HCW

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Answered on 7/06/01, 10:20 pm


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