If a neighbor`s tree falls on our property and causes injury or damage, you want to keep all the evidence you can to show that the tree itself was dead or diseased when the tree fell. Images are a great tool. Photographing the fallen tree can be good evidence if you argue in court with your neighbour to find out if the tree showed any visible signs of disease or decay. Lataunya Tilstra, an insurance agent at New York Life, said that depending on the extent of the damage, a homeowner might need multiple contractors to complete the work. One of her neighbours in Smyrna recently cut down a tree on her house. Georgia is hit by intense summer storms this year. Almost every night, local news tells stories of fallen trees crashing into homes, cars and power lines. The combination of strong winds and Georgian pines can lead to a major disaster. But what happens if a tree falls from your neighbor`s property onto your house or car? Who is responsible for paying the expensive repair bill or medical bills? The answer is a complex and often misunderstood aspect of Georgia`s law on liability for felled trees. In addition to the tree plan, a tree protection plan or a tree planting or replacement plan may be required, either as a separate plan or included in the tree plan. Tree protection plans show how and where preserved trees are protected. Tree planting plans and tree replacement plans indicate where and what new trees will be planted on the site to meet minimum tree density requirements. In some ordinances, the processes are described in the zoning ordinance or uniform planning code and are not repeated in the tree ordinance.
In other regulations, the procedures for applying for and granting derogations and objections are set out in the body of the Tree Ordinance. Summers in Georgia can mean warm temperatures, lots of wildlife, and a series of pop-up storms. Some of these storms can become quite violent, resulting in flash flooding and fallen trees. Because Metro Atlanta has one of the tallest urban peaks in the country, falling trees can cause significant damage. What happens if one of your neighbor`s trees falls on your garden? Who is responsible for repairs or cleaning? Can you take preventative measures, such as pruning your neighbor`s trees for them? A tree plan is a visual representation with required notations of existing trees and site conditions, proposed changes to the site, how tree density requirements are met, and how preserved trees are protected. Tree plans are prescribed in the ordinances that govern trees during land use planning. If you have any further questions about Georgia`s tree pruning laws or who is responsible for fallen trees, please contact our real estate team. We`d love to talk to you. You can reach us at (770) 933-9009 or via our contact page.
When your neighbor`s tree falls on your garden, the first step is to make sure the area is safe. Trees can often pull down power lines with them, and trees are also conductors of electricity. Therefore, it is important to ensure that there are no downed power lines or live wires. Your second step should be to take pictures. An image can show if the tree showed visible signs of disease or decay. Taking photos is also a great way to document damage to your garden or other property. The third step is to call your landlord`s insurance agent. They can help you assess the damage, explain your options, and let you know if you have a claim.
Whether your insurance covers the damage depends on who owned the tree, its condition, and whether the tree fell on your property (e.g., house, garage, vehicle) or simply on your yard. Once you`ve spoken to a claims adjuster, your fourth step will likely coordinate the safe removal of the tree. „A home insurance company turned one of my clients away because of a tree struck by lightning. He uprooted, split, bent over his entire house, and was ready to fall. But they wouldn`t approve preventative work to remove the tree before it damaged the house,” Cartle said. „They basically told (the owner) to take care of it, otherwise it would be negligent because she knew the tree was going to fall. In hindsight, the owner should have waited and dropped the tree on the house, I guess, and saved thousands of people. Insurance companies can be rough. If it is not practical to maintain or establish trees on-site to meet tree density requirements, some municipalities may approve a limited amount of tree density for off-site planting in a tree bank. Georgian law does not require trees to be inspected for problems.