When it comes to landscapes in Georgia, it’s not uncommon for properties to be surrounded by a multitude of trees. They provide much needed shade and structure to a landscape, as well as adding natural beauty to your outdoor space. Trees are not always easy to deal with, though. With them comes the responsibility of maintaining them and knowing what to do if they cause property damage. There are several Georgia tree removal laws to keep in mind as a property owner, and at Creech Landscape, we want to provide some of the essential information.
Tree Damage Liability
When a tree on your property falls over on your neighbor’s house, it poses the question: who is responsible for the damage? Generally, the owner of the property that the tree is planted in is the one who is responsible for any damage caused by it, but sometimes there are exceptions. Depending on certain factors that caused the tree to fall, liability can vary.
Trespassers
Sometimes tree damage can occur from trespassing, and that’s when liability falls on the perpetrator. If a neighbor or someone else trespasses on your property and causes damage to the tree or causes it to fall, they can be held responsible for any damage that might have been caused.
Neglect
Property owners are expected to care for their landscaping for the sake of safety as much as they do for aesthetic purposes, but sometimes those responsibilities are not taken care of. If a homeowner neglects a tree’s poor condition and the obvious possibility of it being a danger to their property or to others, they can be considered negligent and held responsible for damages. This is often found through the evidence of damage, poor health, or instability in the tree.
Unpredictable Conditions
Weather and other acts of nature can be unpredictable, and they can damage your tree when you aren’t expecting it. If a tree is struck by lightning or it falls due to an “act of God,” outside of the property owner’s control, the owner may not be held liable for the damage the tree causes.
Tree Trimming Responsibilities
When trees grow between two properties, it’s common for neighbors to wonder who is responsible for trimming the branches. This responsibility can fall onto both neighbors, depending on where the branches are. If any branches extend into your neighbor’s property, they have the right to trim them. It’s important that they don’t damage the tree by doing so, and they cannot enter your property to do the trimming. To keep your trees safe and healthy and to avoid disputes, it’s best for you and your neighbor to communicate about any trees that may be growing between your properties.
Protected Trees
If you’re looking to remove a tree in Georgia, it’s important to know that certain trees fall under protection through the Georgia Forest Land Protection Act. In the event that you have a fallen tree on your property, be sure to properly identify the tree and consult local authorities about the matter, and to get a permit if needed to remove it.
Tree-Related Nuisances
Sometimes the presence of a tree can be more trouble than expected. Issues like overhanging branches and disruptive tree roots can get in the way around your home, and it can be troublesome if the tree is on your neighbor’s property. In cases like these, you have a right to ask your neighbor to fix the issue, and if the matter is neglected, legal action can be taken.
Trees at a Boundary Line
When trees grow on the boundary line between your property and your neighbor’s, it is up to both of you to take responsibility for it. Whether it’s trimming the branches or removing leaf debris, both of you are expected to do it. If you or your neighbor deem the tree a nuisance and want it removed, you must get consent from the other to do so. Any damage to the tree or removal of it must be agreed upon by both parties. It’s best to have clear communication and agreements on the matter in the long run.
Maintain Your Landscaping with Creech
Trees are an important part of your landscaping, and they need proper upkeep like the rest of your gardening. If you have a tree that is troubling you, Creech Landscape offers licensed tree removal services for dead, damaged, or fallen trees. We also provide tree pruning and branch removal to keep your tree neat and healthy at the same time. Contact us today to get a quote or to schedule a service with us. We look forward to serving you!
