The ownership and responsibility of a tree is not always clear. Ownership of the tree is determined by the property on which the trunk of the tree is located. Generally, if the tree trunk stands entirely on one property, the tree is that property owner’s responsibility—but a tree trunk may be located on the property line, resulting in joint ownership.
For existing trees that are on or overhang property lines, communicate with neighbors to reduce the potential for disputes. A neighbor may trim branches of a tree that cross onto his or her property, but it is always wise to talk with the tree owner before taking action. Clearly identify the issues and develop a written agreement regarding possible solutions. Be a good citizen and support neighborhood harmony. Hiring an Arborist is recommended to guide you through the process.
Who is liable for the tree?
In Georgia, the owner of a tree is liable for damages and injuries from a falling tree only if he or she has preexisting knowledge that a tree may be dangerous. If the owner has no reason to suspect a problem—the tree has leaves and its appearance is normal—then, in general, the owner is not at fault. It is best to check with an attorney for current law regarding tree issues.
Excerpted from “Tree Ownership and Responsibility” Circular C-1099 UGA Extension, October 2016 Kim Toal, Lynwood Blackmon, Mary Carol Sheffield, and Ellen Bauske