Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A tree from my neighbor's property fell on my property

A tree from my...

A tree from my neighbor's property fell on my property causing a small amount of roof damage. I'll handle the roof damage, but under Georgia law, can I cut the tree into manageable portions and return it to the tree owner's property if I do not cause damage?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has any paperwork been filed?

Yes, with the insurance company making them aware of the neighbor's trees being a liability to my property, his own property, and his neighbor on the other side for his neglect in maintaining his trees. A claim has not, and most likely will not be made at this time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm more concerned with the actual cutting up and removing the tree from my grass, and placing it back on the owner's property for him to haul away or hire someone to do so.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/22/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,616
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
Other than trespassing, are there any issues if I cut this tree into manageable pieces and place it back onto the property without causing damage?

I am sorry to hear that you had damage from the tree.

Under GA law, a neighboring owner may trim that part of the tree that encroaches on to their land, up to the boundary line, provided that due care is taken and the tree is not harmed/destroyed in the process (if harmed/destroyed, the tree owner can sue for damages).

As for the portion on the neighboring land, it is the neighboring landowner's duty to dispose of the wood. If the wood is placed on the tree owner's property they can sue for trespass.

If the tree itself poses future threat (ie unhealthy) then the neighboring landowner can seek an injunction which orders the tree owner to remove, at the tree owner's cost, the entire tree.

Please see:

http://www.ojs.dekalbga.org/battling-with-neighbors-over-tree-removal-and-property-damage-laws/

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
If I did not physically go onto the original tree owner's property, but instead placed the wood over a fence onto his property, is that still trespassing if I never physically stepped onto his property?

Unfortunately yes, because it is the act of "reaching over" the boundary line that would constitute trespass as that would be an entry without permission.

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
ok, is "throwing over" without reaching over the property trespassing?
Customer reply replied 12 months ago
is the wood considered his property? aside from trespassing and reaching over, is it his actual property?

When a person willfully causes an object to trespass on a person's property then that does constitute trespass.

The wood that is on the neighboring property, when it falls, is the neighbor's property - that is why they are allowed to trim it, so long as damage is not caused.

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
in layman's terms...getting neighboring and neighbor all mixed up here...
so what your saying is...the tree automatically is my property once it has fallen on my property. I cannot place it back on their property without their permission otherwise it is trespassing. Can I imply that it is still their property and with their permission place it back on their land?Could it technically be argued that the tree is still theirs and then with their permission I place it back on their property? What if they wanted to take it from me, and I wanted it. Could they argue that it was theirs and they want it back?this is my final question.
Customer reply replied 12 months ago
Not a crazy person here, they've been told by two tree companies the trees were dangerous. I failed to send a certified letter. I had an arborist even tell them they were dangerous. I'm already out $700 due to it pulling power line boxes off my home, renting a generator, and now I get to pay for roof repairs and siding repairs. I have enough energy left to cut the tree up, but my finances are depleted and cannot pay someone to haul it off.Could the wood be considered theirs legally, and it can be put back on the property with their permission.

Unfortunately, once the tree falls, it belongs (the portion that fell) to the person who owns the underlying property that the limb/branch is on.

If the parties agree that the tree owner wants possession of it, then it is legal and possible for the parties to agree to change ownership.

The tree owner (of the tree, not the detached limb) cannot unilaterally claim the limb is theirs once it is on another's property-unless both parties agree to that effect.

I know the law doesn't make much sense; under normal negligence and property ownership theories, the tree owner would be responsible but the courts have carved out an exception for trees.

One moment-let me review your post that just came through.

Ask Your Own Real Estate Law Question

If there are professional opinions that the tree was dangerous due to disease, for example, then the tree owner can be liable because the owner of the tree does have a duty of care and must remove dangerous conditions that they are aware of. Since it is not a blanket requirement (ie no duty to inspect) one would need to prove knowledge before the court imposed liability.

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
okay, no time for court, covering my butt here...just figuring out my big weekend plans. I don't want my grass to die. lol. thanks for your time, I do appreciate it.

You are welcome!

Some neighbors will work together to find a mutually beneficial solution- for example, if someone wants the wood for firewood...

Thank you and try and enjoy your weekend!

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,616
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,616
14,616 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live in, DC and there was a huge Oak tree (heritage tree)
Hello. I live in Washington, DC and there was a huge Oak tree (heritage tree) in my back yard between my and my neighbor's home. The trunk of the tree was mainly on my side. Similarly but in the front… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
A wind storm broke the top of my neighbors pine tree about
A wind storm broke the top of my neighbors pine tree about 35 feet above the ground. While still attached at the point of the break, the top of the tree came to rest on my garage. My home owners insur… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
My neighbor's tree fell down because of the high winds we had
My neighbor's tree fell down because of the high winds we had last week. About 20 feet of the tree is on their property, and about 35 feet is on my my side of the property line. Are my neighbors legal… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
A pine tree on the Golf Course adjutant to our home, fell
A pine tree on the Golf Course adjutant to our home, fell during a wind storm and caused damage, (chimney stucco, & roof) to the house. The land where the tree was situated has not been maintained(wat… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
NC Property Law My parents-in-law have a real property (10
NC Property Law My parents-in-law have a real property (10 acres) in Buncombe County, NC (close to Asheville, NC). The real property is undeveloped, and stretches down a hill side. At the bottom of th… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I purchased a lot no trees on line. Nice view. Then 11 spruce
I purchased a lot no trees on line. Nice view. Then 11 spruce trees 6' were placed. After a few years about 15' tall neighbor moved. New owner I asked to cut down a little answer no. after growing 30'… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a small cabin on a lake in Maine. My neighbors cabin
I have a small cabin on a lake in Maine. My neighbor's cabin is very close to mine and the property line splits the distance between the two cabins (abt 7 ft from the line). The other night, a big win… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Dead or not dead trees on border of two properties. Tree
Dead or not dead trees on border of two properties. Tree falls on house. Who is responsible… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
In the state of MASSACHUSETTS when a tree uproots during a
In the state of MASSACHUSETTS when a tree uproots during a (hurricane) STORM and leans against a Neighbor's house this is considered an ACT of GOD and the victim, whose house the tree hit, is the resp… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Our neighbores (100) tree fell in our property (4/27/02)
Our neighbore's (100') tree fell in our property (4/27/02)XXXXXTK, MD the tree distroyed back of our house the insuramce co said it was a "act of God" so they will not paid for damagages and tree remo… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My neighbor who does not maintain their property, as witnessed
My neighbor who does not maintain their property, as witnessed by a fence company that they sent out who would not put up a fence until they cleaned out some trees before he would put up the fence, wh… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I live in Charlotte-Mecklenburg, NC. A tree located on my neighbors
I live in Charlotte-Mecklenburg, NC. A tree located on my neighbor's property has fallen and damaged my fence. The cursory research I've conducted via the web suggests that if the tree fell because of… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My daughter and her husband just moved in their new home 2
My daughter and her husband just moved in their new home 2 weeks ago. The home is surrounded on both sides by vacant lots with numerous trees. This past weekend there was a thunderstorm on Saturday wh… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
MY NEIGHBORS TREE ROOTS ARE STICKING UP above my grass IN MY
MY NEIGHBORS TREE ROOTS ARE STICKING UP above my grass IN MY LAWN in aboout 14 places, and some over 7 inches out ruining the grass. what can i do… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We have a tree that a neighbor has a branch on their side of
We have a tree that a neighbor has a branch on their side of the fence. It fell after hurricane Ike. she says we are responsible for the cost of removing the branch off of her roof, and repair of her … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a neighbors tree overhanging my new roof creating an
I have a neighbor's tree overhanging my new roof creating an easement. I guess I need some kind of letter to get the neighbor to cut back his tree.… read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 satisfied customers
My neighbor has a live oak tree that is causing me to not ...
My neighbor has a live oak tree that is causing me to not fully enjoy my property. The tree is blocking the sun on the north side of my house and not allowing grass to grow in its shadows. The tree is… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
A very large hardwood tree was uprooted and fell onto ...
A very large hardwood tree was uprooted and fell onto my house and front yard. The tree was on his property but fell during a high wind storm this past week in Atlanta, Georgia. There is some damage t… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x