Legal Question in Real Estate Law in Georgia
Tree Posing Suggested Risk to Neighbor
We have a tree on our property that our neighbor has suggested is a risk to her property. She claims the tree is dead (it has a dead branch but if the branch were to fall, it would not harm her property). She is suggesting that we are putting her property at risk and is demanding that we cut down the tree. Does she have any legal right to demand this? She has sent us a certified letter demanding the removal and we are curious as to our responsibility. Thanks!
2 Answers from Attorneys
Re: Tree Posing Suggested Risk to Neighbor
As an attorney experienced in property issues, my background tells me that demands like the one that you received can be legally made under certain circumstances. You probably need to make an appointment to discuss the matter with an attorney.
The information above is not given in the course of an attorney client relationship and is voluntarily provided as a courtesy. No attorney/client relation has been created or should be implied.
Re: Tree Posing Suggested Risk to Neighbor
How serious you need to take it, or whether you need to pay a lawyer, is based on the condition of the tree. That money may be better spent getting an expert opinion about the condition of the tree. Generally, one can't be required to remove a tree, even if it is not in great shape. The danger is that if it turns out to be a hazzard and you were put on notice (as you have), you may be liable for damage to her property.
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