Real Estate Law
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, Georgia courts do not recognize a nuisance or trespass action for damage from tree branches, roots or other natural events of plants and trees.
Your legal remedy is self-help. In other words, the common law rules allow you to trim encroaching branches and tree roots back to the property line. You are not allowed to trespass to do the cutting and you should take reasonable precaution not to kill the tree.
LawPro is an excellent attorney, and I am not sure of the context that this response was given, but my read on the law diverges and the majority of decisions regarding encroaching trees and roots hold that the remedy is not in nuisance claims, but in self help and the right of a landowner to trim encroaching trees and vegetation back to the property line without the consent of the neighboring owner of the tree.