While fall in Metro Atlanta brings welcome relief from the oppressive summer heat, the change in seasons is often accompanied by at least one significant tropical storm event battering the area, as evidenced by the recent flooding wrought by Helene.
After every big storm, be it of the ice or rain variety, our office is inundated with calls from potential clients wanting to understand who is responsible when a neighbor’s tree wreaks havoc on their property.
Most assume it is the responsibility of the neighbor whose tree fell. Most are wrong.
In Georgia, you are responsible for the damage when a neighbor’s tree falls on your property. And the onus is also on you to haul the tree away. Though it may seem counterintuitive, it is the law of the land.
The good news is your insurance company knows this. And, after the pain of paying a deductible, they should cover the cost to repair the damage.
The one exception to this rule is when your neighbor has been placed on notice that their tree is DDH (dead, dying, and hazardous). Evidence would need to be documented including signs the tree was in decline, such as no bark or the absence of leaves in spring and summer. In this instance, the liability will be shifted to the tree’s owners. But in order to shift that liability, you will need to prove they were on notice, which can be difficult.
If you are very concerned about a tree damaging your property, you can send your neighbor an email with your concerns. Even better, you can offer to pay for an arborist to perform an evaluation.
A collaborative solution is always going to be better and less stressful for everyone. If a tree needs to be removed, offering to pay a portion is not unreasonable.
It’s never a bad idea to consult with an attorney to review and confirm your legal options and responsibilities. But, in most instances, hiring an attorney for a fallen tree doesn’t make financial sense. An attorney can add value when your insurance company is denying coverage, you want an attorney to write up an agreement for the removal of a tree, or your neighbor was on notice that their tree was DDH and they (or their insurance company) is refusing to pay for the damage to your property.
Atlanta’s beautiful tree canopy and increasingly intense weather events as a result of climate change will keep this issue top-of-mind for Georgia property owners. And unfortunately, it will also be top-of-mind for Georgia insurance companies when writing their rates.
For more information on how we can help you navigate through property and boundary disputes you may be experiencing, click here.
