If I have a tree near my property line which has grown to damage my neighbor’s masonry fence, do I have any reponsibility or liability?

Asked on November 6, 2014 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you are aware--as you evidently are--that one of your trees is damaging your neighbor's property but you nonetheless fail to take some remedial or corrective action (like, if necessary, cutting the tree down), you are liable, or responsible, for the cost to repair or replace what your tree damage (i.e. for the cost of instaling a new fence).

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