Hi, problem with my neighbor's tree again (Atlanta: real estate, HOA)

[tranhome]

Around 4 weeks ago, my neighbor's tree fell into our backyard. Well, the tree had 2 parts growing out of its main trunk, and the first part fell into our backyard. We just has the fallen part removed at the beginning of the week, but our neighbor did nothing to the second part of his tree. Today we just had another downpour in our area and the second part of the same tree fell into our backyard again. So another headache to this situation, who is responsible for it? He apparently has 4 weeks to have it cut down and removed but did nothing, and the inside of the tree has apparent rotting and it looks like it will not stand up for long. The first time it fell may be count as act of nature, but does the second time does it count too?
We live in Gwinnett area if someone could give us any advice or offices/departments to notify and report this situation.
Again thank you for your help.

[antiquesmountainapache]

Ooo . . . what terrible luck. I can't offer any advice on the legalities. Have you contacted your insurance agent yet? Keep a log on everything that's discussed.

[johnnyboy2008]

I asked my father who is a real estate attorney and former law professor at emory university. He says you have a case against your neighbor. I would take them to small claims court, and be sure to document everything. Rotting trees are not an act of god, your neighbor has a responsibility to see that his property will not cause damage to other property.

[jln69]

I used to be a Realtor in another state, North Carolina. NC law is if the tree falls in your yard it is YOUR responsibility NOT your neighbors. I don't know about Ga. It is the right thing to do for your neighbor to offer to help you out no matter who's responsibility it is, IMO.

[antiquesmountainapache]

Here's what happened with my tree situation.. My next door neighbor's massive oak tree was uprooted when the remnants of a hurricane moved through the Atlanta area. It fell towards my property, knocking down seven other trees in its path. Out of these two were large enough to cause damage and one did pierce through the roof. My house took an indirect blow from the oak. The neighbor lost an older wood fence and his motorcyle. Both of us were insured with the same company. They split the tree removal (ten grand) between us. My neighbor offered to pay my deductible ($500). I didn't take it, but he did offer. After the tree removal, the neighbor was out of the picture. It took about five months to obtain a dollar figure from the insurer that was appropriate. The original offers were quite laughable. Good luck with this.

[Hermosa]

You have a case from the evidence found the first time if fell. At that time, he learned the tree was unhealthy and he did nothing about it, you have a case on the 2nd incident. This could be proven easily in a small claims court, stick it to him! Get some legal advise on how to build your case from a professional, and bend him over. He sounds like he needs it.

[LAB6120]

I hate inconconsiderate neighbors, ex. I came from work on Friday and saw that my neighbor was cutting his lawn and came about ten feet on my property. This would be all fine and good if he did not cut his lawn so low. Now I have ten feet of brown grass on my property-I swear if the HOA gives me a ticket, I will march over there and make him pay it. I say, take him to court and make him pay.