Putting a neighbor’s fallen tree back into their property

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Putting a neighbor’s fallen tree back into their property

Hurricane Irma downed an 80-foot oak tree from my neighbor’s property on to my yard. My neighbor said that since it’s on my property it is my problem. From what I looked up he is correct in that statement. Since my property isn’t big enough to hold the pieces of a 80 foot oak nor do I have the cash laying around to pay to have someone clean it up, if I chop it up can I place the remanence on his property since it is originally history and part of it still lays on his property?

Asked on September 13, 2017 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't put the pieces back on his property. If a hurricane downed the tree, your neighbor is not liable for it; that includes not being liable to clean it up--but if you put it on his property, that effectively, and illegally, makes him liable for the removal cost. If you do this, he could sue you for the cost to have to ground up or trucked away. You need to dispose of the part on your property entirely yourself; of course, you do not need to help your neighbor out and dispose of any part on his property--that is his problem.


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