My neighbor’s tree is a problem. What can I do?

Whose tree it is

The University of Georgia Extension’s circular on tree ownership puts it plainly: the tree belongs to the owner of the land where its trunk stands. If the trunk straddles the property line, the tree is owned jointly, and neither owner should take it down alone. A survey settles where the line runs.

Branches over your yard

A neighbor may trim branches of a tree that cross onto their property, the extension says, but it advises talking to the tree’s owner first: about who prunes, how much and how often. Two practical cautions:

• Cut back to the line, not beyond it, and not so heavily that the tree is badly damaged. The extension warns that heavy pruning disfigures or harms some evergreens, the kind often planted along fences for privacy.
• Agree in writing before hiring anyone to work on a tree that is not yours, and before the crew sets foot in the neighbor’s yard.

In Atlanta, the city’s guidance adds one more option: if a neighbor’s tree roots are damaging your property, you can contact the city’s Arborist Division.

A tree that looks dangerous

Georgia does not require owners to inspect their trees on any schedule. An owner is liable for damage from a falling tree only if they knew, or reasonably should have known, that it was diseased, decayed or dangerous, and that knowledge is usually shown in writing: an arborist’s report, or a neighbor’s letter, sent before the tree fell.

So if a neighbor’s dead oak leans over your roof:

1. Photograph it, with the date.
2. Write to the owner, describing what you see. Keep a copy; certified mail leaves a record.
3. If they do nothing and it falls, give your insurer the letter and the photos.

A tree that fell

A healthy tree knocked over in a storm is usually treated as an act of nature, not anyone’s fault. Damage to your house or structures is then a claim on your own homeowners policy, and the removal from your side falls under its debris removal coverage, which Georgia’s insurance regulator describes as paying when the tree damaged a covered structure. See Who pays when a tree falls.

Checked against the sources below on 2026-10-11.

Sources

• University of Georgia Extension, Circular 1099, Ownership and Responsibility (reviewed July 2022)
• City of Atlanta, ATL311: Tree Removal – Private Property
• Georgia Office of Commissioner of Insurance, Insurance Before and After a Disaster