Introduction to Georgia Tree Laws
Georgia’s fallen tree laws are simple enough to understand, but also complex enough that it is important for property owners to understand them. First, these laws apply to all property owners, including political subdivisions of the state, with one exception: Georgia’s fallen tree laws do not apply to the state of Georgia when the state owns a road right-of-way on which a tree on private land falls. In that case, the state is only liable for active negligence, such as a maintenance failure leading to the tree being loose.
These laws will dictate not only whether recovery for damages to a car or a home or other structure is possible, but well—they can affect liability suits against commercial properties as well. How do they work? Generally speaking, O.C.G.A. 51-3-1 (the "Common Liability Rule") allows for recovery in circumstances where the owner of land is negligent, or who willfully or maliciously fails to remove a dead tree . But the tree must have been a "proximate cause" or "efficiently contributing cause" to the injury, and as you might imagine from discussing proximate and efficient causes, this means that it must have been a reasonable what would have caused the injury had it not been for the specific tree.
There are exceptions, of course, such as when the tree is considered a nuisance.
The takeaways from all of this? Trees on your property are your responsibility, and if they fall onto someone else’s property, the same rules apply. There is no automatic assistance from either your insurance or your neighbor’s unless everyone is insured. And almost always, the process of resolving the situation will be to determine which person made the best decisions about the trees in question.
Property Owner Obligations
When you own property, it is your responsibility to maintain its resources – this includes the trees on it. However, could you ever be liable for damages caused by trees naturally growing on your land? If we look at previous court holdings, the answer is "perhaps".
As a general rule, property owners are under no obligation to remove naturally occurring trees from their land in Georgia. That means if a tree on your property falls onto another person’s land, there is no responsibility on your part to replace or repair damage caused by the fall. A 1796 Georgia law states:
[T]hat no man shall be compell’d to chop down, fell, raise, lop off, or harm any tree or wood of his neighbour’s, upon his own land, or upon the land of any person, which if he did, would be damaging or prejudicial thereunto… or shall, for the destroying, any blade, shrub or creeping plant, growing in any land, be punishable by fine or imprisonment, or both, by the discretion of the court.
What this means is that if the tree is natural to the area and was not purposely planted and not invasive, your property is not responsible for the damage caused to the adjoining properties. A property owner MAY be responsible for damages if the tree in question is dangerous in nature or had been knowingly left in a state of disrepair that led to the fall.
For example, a property owner has a tree that is on its last leg and a storm comes through knocking it over. That property owner is not responsible if a tree simply broke off from a storm because it was damaged on its own. But should the property owner leave a tree leaning on another tree, allowing it to eventually fall and cause damage to property or individuals, then responsibility will likely be placed on the property owner for the damage that occurred.
But the homeowner may also have recourse if the property next to them is failing to remove a tree on their property that is endangering the safety of their property or their physical safety. Should you reach the point where you feel the tree could cause damage, and you want to contact the adjoining property owner about the tree, do so in writing. Then, should it be destroyed later, you will have documentation showing that you gave the second party the opportunity to remove the tree.
Neighbors & Fruitful Trees
If there’s a tree on the property line between you and your neighbor and one of the trees damages or destroys the other tree, whose tree insurance should be used? It depends. If your neighbor’s tree fell on your house, vehicle, pool, garage, or any other valuable or vulnerable object, then you should look to your neighbor’s tree policy for payment. But there are many circumstances where the decision is not so black and white.
Consider the effect of a storm on two large oak trees equally spaced on both sides of a fence line. What happens when both trees are uprooted by the storm and fall simultaneously in far different directions? Which neighbor has the right to pursue a claim for damages from the other neighbor?
In a case out of Florida involving a similar hypothetical fact pattern, the trial court gave the jury special questions to determine the extent of the damage. After determining that the Uprooted Neighbor was responsible for some of the damage, the jury apportioned 90% of the damage to the Uprooted Neighbor and 10% of the damage to the Neighbor.
Afterward, Uprooted Neighbor argued that the trial court should have allocated the damage equally between the parties. After all, both trees were equally placed on each property line. Neither neighbor wanted their tree to fall on their side of the property line. Uprooted Neighbor thought that the Uprooted Neighbor should pay 50% when the liability is equally placed. However, the appellate court disagreed and confirmed the lower court’s decision that the allocation of liability must consider the harm as well. The harm was asymmetric in this case.
This "asymmetric" rule was later applied in a Georgia case where a tree fell from the Neighbor’s property and damaged the Neighbor’s shed and patio in addition to the Uprooted Neighbor’s roof. The court found that no prescriptive easement existed to allow the Neighbor to recover for the damages because part of the Neighbor’s shed and some of the Neighbor’s patio was encroaching onto the Uprooted Neighbor’s property.
Insurance Applications for Damage Caused by Trees
When trees fall down in Georgia, the subject of fallen trees almost always brings in the discussion about insurance coverage.
Most often, the question comes up about whether the property owner can expect to have insurance coverage for the fallen tree to have the damage to the house paid for or to have the tree removed for free by a tree service. With regard to having the tree removed at no expense, these questions are best answered by the attorneys from Bierman litigation firm and other insurance lawyers around the country that are willing to fight insurance companies on claims of this nature.
We cannot count the number of posts we have seen in homeowners associations and other neighborhood chat groups where the discussion has veered wildly off course, only to be brought back to the reality of the situation that insurance will not pay for removal of trees unless and until they hit either an insured structure or at least three sides of fence line. The discussion is incredibly frustrating given the facts that most people get very angry when they have trees in the community rip down their fences.
What we can tell you is that from the perspective of the property owner who knows that no insurance coverage is available for removal of the tree and wants it removed anyway so that the tree can be replaced, that trees down at your house may not mean that they are down everywhere. Pay for the tree removal and haul it off or pay for the tree removal and let it lay to compost in place per state law.
However, if a tree down or downed branches from your property just happen to also damage the home of a neighbor, you can be sure that any claims your neighbor might seek will be looked at with a fine-tooth comb by the insurance carrier at the policy holder for the damage. Know what your coverage is before you have the tree fall and be sure to discuss with your agent the potential for buying separate coverage or a rider for some states who back their citizens with "windfall coverage" which protects owners who have trees fall on their property.
It is best to have a little bit of insurance knowledge when living in an area where there are hundreds of trees that tend to go down in the event of a thunderstorm or high winds and generally speaking, the trees should be trimmed every couple of years and replaced on a regular basis so risk is minimized. You may want to consider removing hazardous trees and plant new trees that are in less danger of uprooting or breaking off and to prevent sovereign immunity defenses to replace dead or diseased trees along the street, in order to minimize the risk of liability for the community.
Remedies Available under the Law for Damage Caused by Trees
When trees fall and cause damage, property owners have a right to recourse. A homeowner whose tree falls on his neighbor can typically file a claim with his homeowners insurance company (assuming he has one) to have his insurance company pay to replace his fencing or other personal property damaged in the incident. If damage was caused during a storm, most likely the fallen tree will be replaced by the insurance company (or companies) of the neighbor and the storage facility since it was an "Act of God."
Conversely, if the other party is at fault and knowingly let the tree grow unsafely close to the property line, the tree’s owner would be required to pay for damages to his neighbor that took place. Georgia case law offers the following two rules regarding when an owner of real property may or may not be liable for causing damage to another owner’s property:
1) When a tree or shrub on the property of one owner is so near the boundary line between him and another owner as to create danger of falling on the adjoining property, and damage is done as a result thereof, the owner of the tree or shrub is liable therefore in damages; but the owner is not liable for the failure to keep the tree or shrub trimmed and thus preventing such injury, unless the tree or shrub is known by him to be of dangerous height and unsound condition.
2) Where a landowner causes a tree on his property to invade the land of another, or damages trees on such other’s land, or for an unreasonable period requires his neighbor to clear his property of trees , he is liable for all damages proximately resulting therefrom to the neighbor’s property.
Note that the first rule only takes effect if the first owner’s tree is a danger or the tree "create[s] danger of falling on the adjoining property." If the tree is dead, is leaning dangerously toward the property line, or is causing the property line to move towards his neighbor’s property, then the danger has been created and the second owner may be liable for the damages.
An exception to this rule is when a tree falls on an insured property as a result of an act of God. An act of God refers to weather events such as flooding, earthquakes, hurricanes, or tornadoes. With regard to trees, an exception to the above rule has been created for instances where "a heavy rain or storm breaks a sound and healthy tree." If the falling tree was caused by the act of God, the owner of the damaged property would have no legal recourse to have a new tree planted. See Pruitt v. Tharpe, 177 Ga. App. 885, 341 S.E.2d 303 (1986). The second rule only applies if the owner of the other property has been essentially "demanded" to cut down the tree, which then affects the neighbor’s property.
When a tree falls onto another’s property, it is important to take pictures as soon as possible and record the date, time, and weather conditions. Also, the home or business owner that has lost his tree(s) can hire an arborist or tree trimming service to assess the damage. Tree service companies may charge for the assessment or the assessment may be free. Finally, if the damage is extensive, the home or business owner can also contact an attorney for further advice.
How to Prevent Issues With Nearby Trees
While precautionary measures cannot reduce tree-related catastrophes to zero, being proactive can significantly diminish the potential loss you may incur if your trees’ limbs or root systems are to blame for damage to your property or others. For example: If you are concerned about a specific tree that may not be keeping your property as free from damage as you’d like, contact a professional arborist for an inspection. This will help to identify potential issues before they arise and give you a clearer understanding about how to alleviate concerns or properly prepare for a worst-case scenario.
Conclusion: Wrapping Up Georgia Tree Laws
From Georgia’s prescriptive easement doctrine to its liability considerations on tree falls, the vital role that trees have played throughout Georgia’s legal history has created a myriad of rules and measures, covering a variety of issues that range from property rights to more nuanced implications on trespassing or state highway rights of way. Understanding the full scope of Georgia’s fallen tree laws will help Georgia homeowners make more informed decisions should some kind of property dispute arise due to a fallen tree .
It is important that homeowners are aware of their rights and responsibilities in order to avoid unnecessary or prolonged legal issues. If you do run into legal issues regarding a fallen tree, it can be highly beneficial to speak with an expert, as the best course of action will often vary based on the specifics of the situation, as well as the most relevant laws.