Table of Contents
- My neighbour cut my tree in Georgia
- What happens if I cut my neighbour’s tree down in Georgia?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
Under Georgia law, an owner of a tree owns the tree and all parts of the tree, no matter where they grow. So if you asked your neighbour to cut down a large oak tree on your property, he can’t cut off only half of the tree and leave the rest standing.
If your neighbour cut down your tree and damaged your fence line in any way, he may be legally obligated to pay restitution. This means that he may need to repair your fence line at his own expense and compensate you for any financial losses that you suffered.
The principle of law protects individuals from being sued for a wrongful act when they have not actually caused damage to the property in question. This principle applies unless the individual is doing something to cause damage to someone else’s property, such as cutting down a tree on a plot of land where it is clear that he does not have the right to cut down the tree.
My neighbour cut my tree in Georgia
It is unlawful to cut, destroy or injure any standing or fallen tree and/or plant life or branches of any tree in Georgia without the written permission of the owner of said tree, even if on your land.
My tree branches overhang my property in Georgia
Georgia law does not allow a neighbour to cut back tree branches or roots that cross onto their property. The best action to take is to contact your neighbour and attempt to negotiate an agreement regarding the overhanging branches. If you are unable to reach an agreement, consider hiring a surveyor to mark your property line with stakes or paint.
My neighbour damaged my tree on my property in Georgia
The damage is caused when the tree falls onto my house, additional damage to the roof will cost approximately $7,000. The tree had been winter-killed on the north side, and my neighbour trimmed the tree on that side a few weeks ago. The weight of the dead branches weakened what was left of the trunk to where it fell in a very light wind over the weekend.
If his trees are overhanging your property line or blocking sunlight from entering your home, then you will need to work with him to get him to cut those branches back so that they do not infringe upon your property rights.
My neighbour’s tree roots or branches damaged my property in Georgia
If a tree belonging to one landowner or neighbour encroaches onto property belonging to another, the one encroached upon may remove the part of the tree which intrudes into their property, cut off any roots that grow underneath their property, and recover damages from the encroaching landowner if the interference was intentional and malicious on their part. If the trees are on a common boundary line, Georgia law provides that both landowners have equal rights to the entire tree and therefore neither may cut down or mutilate the portion which overhangs his/her neighbour’s property.
In Georgia, the law states that a person will be held responsible for any damage caused by their trees to another property. The offending tree owner is not required to be negligent in the care of his or her tree(s).
Can my neighbour make me cut my tree?
According to Georgia law, a neighbour can indeed make you cut down your tree. What do we mean by “make”? A neighbour can take you to court and ask a judge to order you to trim or remove the tree if they find that your tree is causing interference with their reasonable use and enjoyment of their property.
The neighbour cannot make you cut your tree. Every person has the right to enjoy the view from his home. However, your neighbour has the right to receive sunlight through your tree and if your tree causes their property damage, your neighbour has a cause of action against you for damages.
How can I get my neighbour to cut his dead tree in Georgia?
You may call your local planning and zoning department to find out what the regulations are for your community. They will also be able to tell you if they have any requirements regarding dead trees. You also may want to contact your insurance agent or homeowner’s association
What happens if I cut my neighbour’s tree down in Georgia?
The laws regarding trees in Georgia are fairly straightforward. When it comes to cutting down trees there’s not much legal recourse from a neighbour if that tree is on your property or not touching their property. To cut down a tree your neighbour owns you would need the neighbour’s permission. In Georgia, if the tree is on your or your neighbour’s property and it falls onto your property then it becomes your responsibility to clean up and remove the debris.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
Under Georgia law, the tree owner can recover money damages for the cost of restoring or replacing the tree or, if the tree is rare, for its value. If the neighbour is seeking damages for the loss of trees because of a covered peril, such as a windstorm, falling trees would be a covered loss under her homeowner’s insurance policy.
You should receive the appraised value of the tree if the tree was healthy, the neighbour knew or should have known the tree was on your property and cut it down anyway. You can do some research online to find an arborist who can assess what you should be compensated for. A healthy, large tree such as oak, could net as much as $2000-3,000 in damages.