Our Neighbor Planted a Tree That is Compromising Our Property. Can We Do Anything About it?

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‘We reside in DeKalb County, City of Decatur, State of Georgia. Our next door neighbor has decided to plant a tall tree on her side of the property line in her front yard. Now the tree branches are overhanging to our side of the property and it’s going to kill all the grass under the shade of the tree as well as leave a mess of leaves on our front yard. We’re even concerned if the roots of the tree will grow to crack our driveway. We told her not to plant this tree otherwise it’ll create issues. But she was stubborn and didn’t listen to us. So what can we do now? According to GA law, is it legal to cut the tree branches overhanging to our side of the property? Please advise. We do appreciate your kind help.’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You’ll need to refer to a local attorney to get the specifics of your state’s law. However, I can say that disputes over trees near property lines can get nasty, and can leave you living next door to an enemy.

Unfortunately, your neighbor already seems to have little concern for your property. I would suggest that it’s worth the cost of a consultation with a local attorney to confirm the exact extent of your
rights to “self help” trimming of your neighbor’s tree–and then take advantage of that extent if your neighbor refuses to do it himself.

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Author: House Attorney

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