Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘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.’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.
Question: 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.
