Legal Question in Real Estate Law in Georgia

Property Liability

If the limbs from a neighbor's tree falls over my fence into my yard(as a result of severe weather), whose responsibility is it to remove the limbs? What if the limbs are still attached to the tree but lying on my fence?


Asked on 6/08/00, 12:49 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Property Liability

You really don't have a very good relationship with your neighbor.

While the tree is in his yard, it is your neighbors. If it falls on your property and causes damage, you can sue him for the damage. One defense he has is Act of God -- the storm. You can sue him to remove the limb, if he will not do so voluntarily. Or, if the removal is significant, you can pay to have it removed and sue him for the removal cost. Same answer for damage to the fence.

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Answered on 7/29/00, 8:27 pm


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