Brunswick, GA asked in Real Estate Law for Georgia

Q: If my neighbor tree hangs over my roof who has to pay to remove it?

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: This issue can be a little bit sticky. Are there easements involved? How large is the limb? What type damage will occur if the limb falls to the ground? Rather than spending money hiring an attorney, you might approach the neighbor and arrange a mutually beneficial understanding that the two of you will work together to remove the limb. Both of you pooling your money instead of incurring legal expenses may allow you to pay the same (or should be less) to have a tree service company get rid of the limb. Listen up. You will want to be absolutely certain to deal with a reputable removal company. You must be certain (absolutely certain - don't just take their word for it) they have not only liability insurance but also Workers' Compensation coverage too. You will want a copy of all the insurance policies involved. Finally, at this point you might have an attorney review the docs before you sign. I agree this response is a little different than what you might have expected. Hopefully, my colleagues on Justia will provide their thoughts too.

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