Legal Question in Real Estate Law in Georgia

My tree, my neighbor's roof

I have a huge mulberry tree in my yard whose limbs are

touching my neighbor's rooftop. The limbs are rather

wispy at this point, and I don't see any damage to her

roof which is easily visible. She is giving me a fit about

cutting/trimming the tree. I have been unemployed for

19 months and cannot afford to have the tree cut, and

can't do it myself. I have given her permission (verbally)

to cut any portion of the tree which extends over the

property line to her side. Is that enough? Am I ultimately

responsible for her roof if there is damage done by the

tree limbs?


Asked on 4/24/03, 4:47 pm

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

Re: My tree, my neighbor's roof

Send her a certified letter stating that you have given her permission to cut on her side. Then, keep a journal of all communications between you and her. You would be liable only if you had knowledge that the tree is dead or diseased and would likely fall on her property. If the perceived damage is that the tree might interfere with her gutters, e.g., that is her problem.

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Answered on 4/24/03, 5:02 pm


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