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?
1 Answer from Attorneys
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.