Expensive 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 gorgeous specimen.
How do I clarify to my neighbor that eradicating the tree shouldn’t be going to occur? Our neighborhood consists of small tons with massive properties.
Who’s 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 wish to be 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 an area court docket, so you’ve the higher hand — or department, on this case — on this dispute. Should you awakened one morning to seek out your tree had been minimize down when you slept, you’d have the best 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 is best to remind your neighbor of your rights, which differ relying on the state you reside in. A neighbor can not make you narrow down your stunning tree, however he might — in idea — take you to court docket and ask a decide to provide him permission to chop down the tree if he can show that it, or its roots, is interfering with or might fairly trigger injury to his property.
Brian M. Douglas, an lawyer in Atlanta, Ga., writes: “First, the house owner can not trespass onto their neighbor’s property or minimize something past their property line. Second, the house owner’s actions shouldn’t result in everlasting injury to the tree. If a home-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 house owner may be held liable.”
“‘If there are branches hanging over his property, he could have the best 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 accountability usually, except the tree was diseased or lifeless and clearly introduced a threat of falling. In your case, it might 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 would price about $250 to $400.
“In case your neighbor’s tree falls onto your yard, step one is to ensure the realm is secure,” Douglas provides. “Timber can usually pull energy strains down with them, and timber are additionally conductors of electrical energy. So it’s vital to ensure that there aren’t any downed energy strains or stay wires. Your second step ought to be to take images. 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 best 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 converse to the native housing affiliation to ensure he’s not operating afoul of any native ordinances.
So what do you have to say to him? “The tree is wholesome and robust, has been right here for 20 years and gives shade and privateness. What are your particular issues? Maybe an arborist can deal with them. I’m sorry you’re feeling just like the tree is interfering together with your property, however reducing down such a gorgeous tree shouldn’t be an choice.”
Be agency, cordial, keep on with the information, 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 accountability usually.
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