How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

I am about to put a roof on my house in Glynn County Georgia.

Resolved Question:

I am about to put a roof on my house in Glynn County Georgia.
My neighbors tree limbs are very precarious and almost touching my roof. I would like to get the limbs trimmed back before I pay to have a professional install a new roof .
Who is responsible for trimming them back? If I trim them does that make me liable if the tree dies later on? If my neighbor comes over and trim the limbs and gets hurt am I liable?
If a professional tree trimmer is hired, who pays them?
What is the legal and best way to proceed without risk to me , or my house?
I asked the county and their answer to this simple senario was "ask a lawyer." Big help,the only thing they seem to help with is to enforce taxes.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.


The law in Georgia provides that unless the tree is defective (i.e., the limbs are in danger of falling and hurting someone) or the tree limb is actually touching your house, then you have the right to trim the limbs back to the property line, and you would bear the cost of the trimming.


In regard to liability for a defective tree the ordinary rules of negligence apply. The owner of a tree is liable for injuries from a falling tree only if he knew or reasonably should have known the tree was diseased, decayed or otherwise constituted a dangerous condition." n2 "A landowner who knows that a tree on his property is decayed and may fall and damage the property of an adjoining [***5] landowner is under a duty to eliminate the danger." n3 But a landowner does not have a duty to consistently and constantly check all trees on his property for nonvisible rot; "the manifestation of decay must be visible, apparent, and patent." n4

Klein v. Weaver, 265 Ga. App. 390, 392 (Ga. Ct. App. 2004)

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

ZDN,


 


Thank you for your response. I am confused in the first sentence where you say : unless the tree is defective (i.e., the limbs are in danger of falling and hurting someone) or the tree limb is actually touching your house,then you have the right to trim the limbs back to the property line, and you would bear the cost of the trimming.


This sounds like a double negative, what if the tree IS touching my house or IS defective?


If the tree is not touching my house and /or is not defective, do I have the right to trim it back to the property line?


 


Thank you

Expert:  Zachary replied 1 year ago.
Sorry, I can see how that statement is confusing.

You always have the right to trim the tree limbs back to the property line. You cannot trim it further than that. You would be responsible for paying for it.

If the tree limb is touching your house or is in danger of falling and hurting someone, then the neighbor has to pay for it.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.