Your neighbor’s own insurance may pay for the damage first, and you’re legally responsible only if you were negligent about a tree you knew or should have known was dangerous. Georgia’s Court of Appeals discussed this in Cornett v. Agee (1977), where a visibly rotting, leaning pine on a city lot fell after the owner had been warned, and the court limited liability to decay that’s visible.
| What happened | Who answers |
|---|---|
| Healthy tree blows over in a storm | Generally no fault on your part; neighbor's insurer pays |
| Dead or visibly decayed tree | You may be liable if you knew or should have known |
| Neighbor warned you in writing | Stronger proof of knowledge |
| You or your crew cut it and it fell the wrong way | Negligence; check the crew's insurance |
| Tree is on the property line | Both owners' roles should be examined |
What to do:
- Check that everyone’s safe. If lines are involved, call 911 and the utility.
- Take photos of the trunk, the roots, and any rot before anyone cuts. These are key evidence.
- Call your insurer, and tell the neighbor to call theirs. Their insurer may seek repayment from yours later.
- Don’t promise to pay, and don’t admit fault on the spot.
- Don’t go onto the neighbor’s land without permission to remove it.
If you’re the neighbor: photograph it, write down when you warned the owner, and file a claim. Georgia gives four years for damage to real property, O.C.G.A. § 9-3-30, and two years for an injury, § 9-3-33. A policy may also limit what it pays for a fence or shed.
Before it happens: if a neighbor warns you about a dying tree, an arborist’s written opinion gives you evidence of what you did about it. If your neighbor ignores a hazard, send a dated letter with a photo.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.