Legal Question in Real Estate Law in Georgia
Trees falling from adjacent property onto mine
The developer of our subdivision owns undeveloped property adjacent to mine. In a storm last week, several trees on his property fell onto mine. There was no damage. Is he responsible for removing the trees and cleaning up any debris?
Asked on 7/27/03, 2:35 pm
1 Answer from Attorneys
Charles W. Field
Charles W. Field, Attorney at Law
Re: Trees falling from adjacent property onto mine
No. Even in a case where a tree falls and kills someone, the property owner is not liable unless there was visible, apparent, or patent decay. See Wade v. Howard, 499 S.E.2d 652, Ga.App., 1998. You can find this decision at: http://www.ganet.org/appeals/opinions/
Answered on 7/27/03, 4:50 pm
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