Dead dangerous tree

UPDATED: Sep 30, 2022

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Dead dangerous tree

I have a property next door to mines with a tree that’s sets about Rhee steps from my driveway and vehicles and my bedroom which is dropping large limbs and really do serious damage if it falls to my home and cars and God forbid kill someone and I have contacted the property management company and code enforcement who did put a notice on the door but property management company has not responded, what am I to do now because it is going to fall.

Asked on December 5, 2016 under Real Estate Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can take some action. For instance, if overhanging limbs are a problem, you can trim them back to your property line. Yet, from the sound of things that may not solve the problem since it appears that the entire tree is in danger of falling down. What you might be able to do is to get help from a utility company if the tree is threatening to bring down electric, cable or phone lines. Also, city/county governments often step in and take action to make an owner take care of dangerous conditions, such as hazardous trees on their property. If that doesn't work, you can always sue your neighbor. The legal theory would be "nuisance", since that the dead tree interferes with the use and enjoyment of your property. Accordingly, you can ask the court to order the owner to remove the tree. At this point, you should consult directly with real estate attorney for further advice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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