Who in GA pays when a neighbor’s tree falls on your property? What state law says
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Trees can create a lot of damage if a storm rolls through. High winds can snap them in half or carry them away into someone else’s yard. Heavy rain can rot them and make them lean or fall over.
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 Georgia law says about that:
Who is responsible if a neighbor’s tree falls on your property in GA?
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.”
Whether you are in rural or urban area also matters because in rural areas, it is not required to inspect every tree. 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
