gandl2123
New Member
What has brought me to the site?
I live in the country on 1 acre surrounded by a nasty neighbor in the middle of her 26 acre tract. I am the only person in the 26 acres that is not family. Long story. On June 24th I was notified by text that a tree (Poplar) had fallen onto another "Green Tree" in her words and that 2nd tree had toppled over upon her fence. That tree was and is a Poplar as well.
My problem? She called me on the 24th I arrived on site on the 24th and witnessed a Poplar tree that had uprooted itself in a previous days' wind. It had fallen in the middle of my property 100'x200' and managed to fall against another Poplar tree and it too was uprooted and the top 20ft of the canopy landed on her 3 strand T-post barbed wire fence. She told me I needed to come clean up the mess (on her property) or that she would hire a clean up team to come and do it for me. I told her I could get to it later as it was over 100 degrees out at the time and the tree did not compress the fence. Just branches all over and mess. She was worried about her horses getting out but that wasn't going to happen as fence was not down and canopy blocking anything like that from happening.
Her answer to me was to get it cleaned up and then take it to civil court. I was dragged into court where in GA and under the Georgia Tree Responsibility Act (URBAN) I would have been able to inspect my tree or a tree that was a border tree or a danger to a neighbor. Well....I was never notified of any tree danger...and the tree that 1st fell and caused the hit on the 2nd tree and then the damage as not identified to me as a danger. Therefore, I felt that she needed to and was responsible for cleaning up her property and me mine and that would be that. Well, the judge looked at the pictures she had and verified that the tree that was on her fence in the pictures (canopy) had brown leaves on it. The judge asked her if the pics were taken the day the tree fell, her answer was of course yes and the judge sided with her and said that the tree with brown leaves must have therefore been dead and so I the tree owner was responsible for any mess it created. I'm livid. I'm appealing the ruling and judgement and could use any factual information about the tree or GA law concerning this (RURAL -less than 50 people per square mile) tree and why it fell. I feel it is her responsibility as I do not and did not have the duty or responsibility of inspecting hundreds of trees in my woods for if they might fall. The trees in question live in a bottom area where in June after coming out to the scene to take pictures you can see Tree 1 has been uprooted and the hole it left was filled with water.....a swampy type area. Thank you for any input that you may have.
I will try and post a few pics. I have until the 13th to mount and appeal or answer as to why I think the Judge make a mistake in judgement (he's not a tree expert and he's not GOD) Sorry and thanks.
I live in the country on 1 acre surrounded by a nasty neighbor in the middle of her 26 acre tract. I am the only person in the 26 acres that is not family. Long story. On June 24th I was notified by text that a tree (Poplar) had fallen onto another "Green Tree" in her words and that 2nd tree had toppled over upon her fence. That tree was and is a Poplar as well.
My problem? She called me on the 24th I arrived on site on the 24th and witnessed a Poplar tree that had uprooted itself in a previous days' wind. It had fallen in the middle of my property 100'x200' and managed to fall against another Poplar tree and it too was uprooted and the top 20ft of the canopy landed on her 3 strand T-post barbed wire fence. She told me I needed to come clean up the mess (on her property) or that she would hire a clean up team to come and do it for me. I told her I could get to it later as it was over 100 degrees out at the time and the tree did not compress the fence. Just branches all over and mess. She was worried about her horses getting out but that wasn't going to happen as fence was not down and canopy blocking anything like that from happening.
Her answer to me was to get it cleaned up and then take it to civil court. I was dragged into court where in GA and under the Georgia Tree Responsibility Act (URBAN) I would have been able to inspect my tree or a tree that was a border tree or a danger to a neighbor. Well....I was never notified of any tree danger...and the tree that 1st fell and caused the hit on the 2nd tree and then the damage as not identified to me as a danger. Therefore, I felt that she needed to and was responsible for cleaning up her property and me mine and that would be that. Well, the judge looked at the pictures she had and verified that the tree that was on her fence in the pictures (canopy) had brown leaves on it. The judge asked her if the pics were taken the day the tree fell, her answer was of course yes and the judge sided with her and said that the tree with brown leaves must have therefore been dead and so I the tree owner was responsible for any mess it created. I'm livid. I'm appealing the ruling and judgement and could use any factual information about the tree or GA law concerning this (RURAL -less than 50 people per square mile) tree and why it fell. I feel it is her responsibility as I do not and did not have the duty or responsibility of inspecting hundreds of trees in my woods for if they might fall. The trees in question live in a bottom area where in June after coming out to the scene to take pictures you can see Tree 1 has been uprooted and the hole it left was filled with water.....a swampy type area. Thank you for any input that you may have.
I will try and post a few pics. I have until the 13th to mount and appeal or answer as to why I think the Judge make a mistake in judgement (he's not a tree expert and he's not GOD) Sorry and thanks.
