Dear Quentin,
I’ve a wholesome 20-year-old oak tree that my neighbor is satisfied goes to fall on his home. It gives shade and privateness for me, and it’s a lovely specimen.
How do I clarify to my neighbor that eradicating the tree isn’t going to occur? Our group consists of small tons with massive properties.
Who is liable if a tree falls onto a neighbor’s property? My tree is in a nook of my lot abutting three different properties in our neighborhood.
I need to be a great neighbor, however I additionally don’t need to be a pushover.
Good Neighbor in Georgia
Dear Neighbor,
It’s unlawful to chop down a neighbor’s tree with out their permission or a ruling from a neighborhood court docket, so you have got the higher hand — or department, on this case — on this dispute. If you awakened one morning to search out your tree had been reduce down when you slept, you’d have the precise to file a police report. You’d additionally need to discuss to your insurance coverage firm, your legal professional and — in fact — your neighbor.
But earlier than it involves that, you must remind your neighbor of your rights, which differ relying on the state you reside in. A neighbor can not make you chop down your lovely tree, however he may — in idea — take you to court docket and ask a decide to present him permission to chop down the tree if he can show that it, or its roots, is interfering with or may fairly trigger harm to his property.
Brian M. Douglas, an legal professional in Atlanta, Ga., writes: “First, the homeowner cannot trespass onto their neighbor’s property or cut anything beyond their property line. Second, the homeowner’s actions should not lead to permanent damage to the tree. If a homeowner trims branches, cuts tree roots, or treats part of the tree with a chemical and this damages or kills the tree, then the homeowner can be held liable.”
“‘If there are branches hanging over his property, he may have the right to trim them back, especially if they were interfering with his view or causing other obstructions.’”
Surprisingly, if a tree falls onto a neighbor’s property in Georgia, it’s the proprietor of the property the place the tree fell and never the proprietor of the property with the tree who bears the monetary duty normally, except the tree was diseased or lifeless and clearly offered a threat of falling. In your case, it could be smart to seek the advice of an arborist to put in writing a report on the tree and the dangers to your neighbor’s property. That may price about $250 to $400.
“If your neighbor’s tree falls onto your yard, the first step is to make sure the area is safe,” Douglas provides. “Trees can often pull power lines down with them, and trees are also conductors of electricity. So it’s important to make sure that there are no downed power lines or live wires. Your second step should be to take photos. A picture can show whether the tree had visible signs of disease or decay.”
The good news is that your neighbor has spoken to you. If there are branches hanging over his property, he could have the precise to trim them again, particularly if they’re interfering along with his view or inflicting different obstructions. Before he does that, nevertheless, he ought to communicate to the native housing affiliation to ensure he isn’t working afoul of any native ordinances.
So what must you say to him? “The tree is healthy and strong, has been here for 20 years and provides shade and privacy. What are your specific concerns? Perhaps an arborist can address them. I’m sorry you feel like the tree is interfering with your property, but cutting down such a beautiful tree is not an option.”
Be agency, cordial, keep on with the details, and neither you nor neighbor ought to cross any strains — on this case, property strains.
Surprisingly, if a tree falls onto a neighbor’s property in Georgia, it’s the proprietor of the property the place the tree fell and never the proprietor of the property with the tree who bears the monetary duty normally.
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