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Real Estate Legal Tip

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Legal Tip:  Who is responsible when a tree falls?

Trees and tree limbs can fall due to a tornado, hurricane, or just old age and bad health.

Homeowner’s insurance policies may cover some damage and tree removal, but there are certain questions that will be asked to determine which homeowner (and which insurance company) is responsible.

Live, healthy tree:  Each homeowner is responsible for his/her own damage and cleanup, regardless of where the tree trunk is.  No one can predict or prevent a tornado or hurricane.  This is a “damage” claim, so the deductible will apply first.

Old, dying, diseased tree:  Each homeowner should regularly trim or remove the portion of the tree on his/her property AND should notify the neighbor in writing if an unsafe tree is a potential danger to neighboring properties.

Neighbors do not have the right to go onto other neighbors’ property without permission, even to trim or remove a dangerous tree.

However, giving notice of the unsafe condition will help recover insurance proceeds, possibly even from the neighbors’ insurance company. This is a “liability” claim, so there is no deductible.

Leigh Clack, Attorney                   leigh.clack@neelandrobinson.com

Neel & Robinson Attorneys at Law, LLC

5555 Glenridge Connector, Suite 400, Atlanta, GA 30342

404-705-3690                    fax  404-459-0704

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