Who is liable when a neighbor’s tree falls on your property? Here’s what Georgia law says
Trees can create a lot of damage if a storm rolls through. High winds can snap them in half or carry them away.
Some trees simply fall with no rhyme or reason.
So, here’s a question for neighbors and homeowners alike: if a neighbor’s tree falls on your property, who is at fault? Here’s what to know:
Who is responsible if a neighbor’s tree falls on your property in Georgia?
According to the Georgia Attorney General’s Consumer Protection Division, “Under Georgia’s Fallen Tree Responsibility laws, if a tree falls on someone’s property, it is generally that property owner, and not the owner of the tree, who is responsible for any property damage, as well as the costs of hauling away the tree.”
However, there are some exceptions to the law:
If the tree causes major damage or injures someone, the neighbor could be at fault if they (1) knew the tree was dead or diseased and/or (2) “received written notice from an arborist, building tenant, or another third party that there was a problem with the tree before it fell, then he or she would likely be responsible for paying damages.”
Georgia law also distinguishes between rural and urban areas when considering this law.
“In rural areas, there is less liability for a landowner whose tree falls onto neighboring property unless that landowner was put on notice that the tree posed a danger to the adjacent property. Georgia Courts do not require you to inspect your property to make sure that each and every tree is safe,” said Lindsey Casey Franklin with Flint, Connolly and Walker law firm.
In urban areas, however, it is often required of property owners to inspect their yards for trees that may fall, cause damage or injure someone.
Additionally, in some cases, insurance companies may see the tree falling as an “act of God,” meaning because of a storm or some other natural cause. This would mean that the property owner could not predict or prepare for the damage and thus, is not liable for damages, but they could still be responsible for cleanup.
Have any more questions? Comment below or email me at cmadden@mcclatchy.com
