Georgia common law (Whitesell v. Houlton, 1981) allows owners to trim encroaching branches and roots from a neighbor's tree up to the property line, at the trimmer's expense. Specimen trees still require permits under Fulton §26-405.
Property owners can trim encroaching branches and roots without notice, but cannot enter the neighbor's land or harm the tree's health. If trimming damages or kills the neighbor's tree, the trimmer is liable. Fulton County Tree Preservation Ordinance (§26-405) protects 'specimen trees' (size thresholds: 30+ inch DBH hardwood, 24+ inch pine, etc.) — even neighbor-side encroachment must not damage a specimen. Atlanta requires an arborist permit to remove any tree 6+ inches DBH (Code §158-26).
Damage to a specimen tree: civil penalties up to $1,000 per inch DBH under §26-405. Atlanta unauthorized tree work: $1,000 fine + recompense fees.
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