General information, not legal advice. Check with an attorney or your insurer about your situation. We cut trees. We are not lawyers, and we do not handle claims.
Neighbor's Tree Fell on Your Property in Georgia: Who Pays?
Questions about a tree? Call Josh at (850) 888-5603.
In Georgia, the owner of the land where a tree lands generally deals with the damage and the hauling, even when the tree grew next door. The exception is a tree whose owner should reasonably have known it was dead or diseased. If a neighbor's tree is down on your house or yard in South Georgia, keep everyone clear of it and call Josh at (850) 888-5603 about getting it off.
The rules below come from the Georgia Attorney General's Consumer Education office (Consumer Ed), in its answer on a neighbor's tree that fell on your property. The office's site is consumered.georgia.gov.
Who pays when a neighbor's tree falls on my property in Georgia?
Consumer Ed's general rule: whoever owns the land where the tree lands deals with the damage and with hauling the tree away. Generally, it does not matter that the trunk started on the other side of the fence. A healthy tree that a storm throws across the property line is therefore usually yours to sort out, and your homeowners policy is the first place to look. Our guide to homeowners insurance and storm tree damage in Georgia covers what to ask your insurer.
When is my neighbor responsible instead?
Consumer Ed names one exception. If the tree's owner should reasonably have known the tree was dead or diseased, the owner can be the one responsible. Georgia courts apply that same standard: did the owner know, or should the owner reasonably have known?
Consumer Ed points to two kinds of proof:
- Visible signs. A tree with no bark, or one bare of leaves in the middle of summer, is a tree an owner can be expected to notice.
- Written notice. A letter from an arborist, a tenant, or another third party, sent before the tree fell, shows the owner was told.
A tree that looked sound, with no written warning sent before it fell, generally does not meet the standard.
Should I put a risky neighbor tree in writing before it falls?
If you can see a problem, yes. Written notice to a neighbor is the strongest evidence that they knew. Keep it plain:
- Name the tree and say what you see, such as dead limbs or a bare crown in summer.
- Attach dated photos.
- Deliver it in a way you can prove later, and keep a copy.
For a tree that leans, our post on fixing or removing a leaning tree explains what the signs mean.
What should I do first when the tree is on my house?
Work through it in this order:
- Stay out from under it. A tree resting on a roof can shift, so keep people and pets away.
- Call your insurer. Do it before you hire a storm contractor, and report the damage promptly. Your insurer may cover damage from a neighbor's tree and may recover the cost from the neighbor's carrier.
- Photograph everything before it is cut. Get the whole tree, the damage, and the base of the trunk, which can show whether it was sound.
- Protect the property from further damage wherever you can do that safely.
- Call Josh at (850) 888-5603. He quotes each job on its own once he knows the address and what the tree is resting on.
A tree on a roof is often a crane job, and our emergency tree removal page explains how that kind of call works.
Who hauls the debris?
Under Consumer Ed's general rule, the owner of the land where the tree landed, unless the exception above applies. Debris cleanup and stump work are an extra quote, set per customer. Ask about it by name when you call.
Consumer Ed adds that you do not have to clean up debris that lands on the neighbor's side.
Where does Reed Tree Service work in Georgia?
Josh takes calls across South Georgia. Our pages for Thomasville, Valdosta and Tifton cover the areas around them, and our tree removal service page covers the work. If the tree fell on the Florida side of the line, see our post on a neighbor's tree falling on your house in Florida.
FAQ
Is my neighbor automatically responsible when their tree falls on my property?
No. The general rule is that the owner of the land where it lands deals with it. The neighbor becomes responsible mainly when they should reasonably have known the tree was dead or diseased.
Will my homeowners insurance cover a neighbor's tree?
It may. Your insurer may cover damage from a neighbor's tree and may try to recover the cost from the neighbor's carrier. Removal of the tree itself is usually covered more narrowly, so read your policy and ask.
Can I have the tree removed before we settle who pays?
If it is on the house, do not leave it there. Call your insurer, photograph everything, then have it taken off and keep the photos and the quote.
Does Josh handle claims or disputes with my neighbor?
No. Josh cuts trees. Who owes whom is between you, your neighbor, your insurer, and an attorney if it comes to that.
Neighbor's tree down in Thomasville, Valdosta, Tifton, Moultrie or anywhere in South Georgia? Call Josh at (850) 888-5603.