Trees are protected under Georgia property law. A person that intentionally or unintentionally cuts down another land owner's trees is responsible for paying the affected land owner his damages for the value of the trees and the interference with the enjoyment of the owner's rights to enjoy his property.
Where a person cuts down a tree on another person's property, the act of cutting the tree amounts to a trespass. Acts on one land owner's property that kill trees on a neighbor's property can also constitute a nuisance under Georgia law.
The law firm of Teague & Chambless, LLLP has assisted land owners in recovering for trespass and nuisance due to cutting of trees and the killing of shrubs and vegetation by herbicides. For example, the attorneys at Teague & Chambless, LLLP have prosecuted civil actions against developers that ignore property lines in removing trees as part of a large development. The firm also has helped recover against contractors who cut trees as part of government projects without permission and in defiance of private property rights in Forsyth County and the City of Cumming, Georgia. The firm has also litigated with large institutions such as power line utilities and city governments.
Removal of trees can also result in legal problems under local tree ordinances. The attorneys at Teague & Chambless, LLLP have extensive experience in defending property owners, builders and developers in code enforcement actions and in code interpretations. These actions arise under local tree ordinances, including the City of Alpharetta Tree Protection Ordinance and the City of Atlanta Tree Ordinance or Tree Protection Ordinance.
Trees can also become an issue in relation to site development and zoning codes. Developers and land buyers often fail to take into account tree clearing restrictions in planning their projects.
The economic costs of tree removal can be very significant. Due to the size of trees, replacement of an illegally cut tree can be enormously expensive, or impossible. Tree codes can cost developers hundreds of thousands of dollars in tree recompense payments to governments and indirect costs due to planning their site.
