Tree Knowledge

Summer storms that surge through our neighborhoods sometimes bring down old trees. Here are some good things to know, courtesy of Buckhead law firm Ferguson McManamy:

1. If a tree stands directly on the property line, who owns the tree?
• Such a tree is a boundary tree.
• Neither party can remove the tree without the other’s consent.
• Both parties are responsible for maintaining the tree.

2. If a tree trunk is clearly on your neighbor’s property, but the tree leans over your property, who owns the tree?
• Your neighbor.

3. If a neighbor’s tree branches hang over my property, what are my rights?
• You can trim the branches up to the property line.
• You cannot go onto your neighbor’s property in order to trim the branches without your neighbor’s permission.
• You cannot destroy the tree in the process.

4. If your neighbor’s tree looks like it is going to fall on your house, what can you do?
• You can trim the overhanging branches back to the property line.
• You can call the City of Atlanta (Parks Arboricultural Manager or City Arborist). A dangerous tree ordinance may require that the owner remove the tree, or the city government may step in.