Dear Quentin,
I have a healthy 20 year old oak tree that my neighbor is convinced will fall on his house. It provides shade and privacy for me, and it is a beautiful specimen.
How do I explain to my neighbor that removing the tree is not going to happen? Our community consists of small lots with large homes.
Who is liable if a tree falls on a neighbor’s property? My tree is in a corner of my lot, adjacent to three other houses in our neighborhood.
I want to be a good neighbor, but I don’t want to be a scammer either.
Good neighbor in Georgia
Dear neighbor,
It’s illegal to cut down a neighbor’s tree without their permission or a local court ruling, so you have the upper hand – or in this case a branch – in this dispute. If you wake up one morning and find that your tree has been cut down while you were sleeping, you have the right to report it to the police. You’ll also want to talk to your insurance company, your attorney, and – of course – your neighbor.
But before that happens, you should remind your neighbor of your rights, which vary depending on the state in which you live. A neighbor cannot force you to cut down your beautiful tree, but he can – in theory – take you to court and ask a judge to allow him to cut down the tree if he can prove that the tree, or the roots interferes with its property or could reasonably cause damage.
Brian M. Douglas, an attorney in Atlanta, Georgia, writes: “First, the homeowner cannot enter his neighbor’s property or cut anything outside the property line. Second, the homeowner’s actions should not result in permanent damage to the tree. If a homeowner prunes branches, cuts tree roots, or treats any part of the tree with a chemical and it damages or kills the tree, the homeowner may be held liable.”
““If there are branches hanging over his property, he may have the right to cut them back, especially if they block his view or cause other obstructions.””
Surprisingly, if a tree falls on a neighbor’s property in Georgia, in most cases the owner of the property where the tree fell, rather than the owner of the property with the tree, bears the financial responsibility unless the tree was diseased or dead and there was clearly a risk of falling. In your case, it may be wise to consult an arborist to prepare a report on the tree and the risks to your neighbors’ property. That could cost about $250 to $400.
“If your neighbor’s tree falls on your yard, the first step is to make sure the area is safe,” Douglas adds. “Trees can often pull down power lines, and trees are also conductors of electricity. So it is important to ensure that there are no broken power lines or live wires. Your second step should be to take photos. A photo can show if the tree showed visible signs of disease or decay.”
The good news is that your neighbor has spoken to you. If there are branches hanging over his property, he may have the right to cut them back, especially if they block his view or create other obstacles. But before he does that, he should speak to the local housing association to make sure he isn’t running afoul of any local ordinances.
So what should you say to him? “The tree is healthy and strong, has been here for twenty years and provides shade and privacy. What are your specific concerns? Perhaps an arborist can tackle them. I’m sorry you feel like the tree is disrupting your property, but cutting down such a beautiful tree is not an option.”
Be firm and cordial, stick to the facts, and neither you nor your neighbor should cross boundaries – in this case, property lines.
Surprisingly, when a tree falls on a neighbor’s property in Georgia, in most cases the owner of the property where the tree fell, rather than the owner of the property with the tree, bears the financial responsibility.
MarketWatch illustration
Readers write to me with all kinds of dilemmas.
By emailing your questions, you agree to have them published anonymously on MarketWatch. By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in any media and platforms, including through third parties..
The Moneyist regrets that he cannot answer the questions individually.
More from Quentin Fottrell:
I gave my divorcing daughter $5,000. She lashed out when I refused to give her more. When will enough be enough?
‘I grew up dirt poor’: I’m 43 and have $2.5 million in stocks and an IRA. Can I retire early?
‘I have a conflict’: My fiancé earns less than me and has credit card debt. Is it a bad idea to get married?