Expensive Quentin,
I’ve a wholesome 20-year-old oak tree that my neighbor is satisfied goes to fall on his home. It supplies shade and privateness for me, and it’s a phenomenal specimen.
How do I clarify to my neighbor that eradicating the tree shouldn’t be going to occur? Our neighborhood consists of small heaps with giant houses.
Who’s liable if a tree falls onto a neighbor’s property? My tree is in a nook of my lot abutting three different houses in our neighborhood.
I wish to be a very good neighbor, however I additionally don’t wish to be a pushover.
Good Neighbor in Georgia
Expensive 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 could have the higher hand — or department, on this case — on this dispute. Should you awakened one morning to seek out your tree had been reduce down whilst you slept, you’d have the appropriate to file a police report. You’d additionally wish to discuss to your insurance coverage firm, your lawyer and — in fact — your neighbor.
However earlier than it involves that, it’s best to remind your neighbor of your rights, which differ relying on the state you reside in. A neighbor can’t make you narrow down your stunning tree, however he may — in principle — 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 moderately trigger harm to his property.
Brian M. Douglas, an lawyer in Atlanta, Ga., writes: “First, the home-owner can’t trespass onto their neighbor’s property or reduce something past their property line. Second, the home-owner’s actions shouldn’t result in everlasting harm to the tree. If a house owner trims branches, cuts tree roots, or treats a part of the tree with a chemical and this damages or kills the tree, then the home-owner might be held liable.”
“‘If there are branches hanging over his property, he could have the appropriate to trim them again, particularly in the event that they have been interfering along with his view or inflicting different 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 typically, except the tree was diseased or useless and clearly offered a threat of falling. In your case, it could be clever 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 might value about $250 to $400.
“In case your neighbor’s tree falls onto your yard, step one is to verify the world is protected,” Douglas provides. “Bushes can typically pull energy strains down with them, and bushes are additionally conductors of electrical energy. So it’s necessary to be sure that there are not any downed energy strains or stay wires. Your second step must be to take photographs. An image can present whether or not the tree had seen indicators of illness or decay.”
The excellent news is that your neighbor has spoken to you. If there are branches hanging over his property, he could have the appropriate to trim them again, particularly if they’re interfering along with his view or inflicting different obstructions. Earlier than he does that, nevertheless, he ought to communicate to the native housing affiliation to verify he’s not working afoul of any native ordinances.
So what must you say to him? “The tree is wholesome and powerful, has been right here for 20 years and supplies shade and privateness. What are your particular issues? Maybe an arborist can tackle them. I’m sorry you are feeling just like the tree is interfering along with your property, however slicing down such a phenomenal tree shouldn’t be an choice.”
Be agency, cordial, keep on with the info, 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 typically.
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