The Blue Ridge Glitch: Why I’m seeing the same case on repeat.

Blue Ridge, Georgia and surrounding communities have experienced a recent boom in short-term rental investment, partly fueled by the demand for scenic mountain views. As demand for cabin rentals cools, property owners seeks to make their property more appealing. As a result, a specific and recurring legal issue is becoming more common: unauthorized tree cutting to enhance rental views.

The pattern is consistent: an owner of a short-term rental property, typically marketed through platforms like Airbnb, determines that the view from their cabin could be improved by cutting or removing some trees. The problem, however, is that those trees aren’t on their property. In what has become a disturbingly frequent occurrence, these rental cabin owners are taking matters into their own hands by cutting trees that clearly belong to a neighbor.

The motivation seems to be money. A rental property with a superior, unobstructed view commands a higher nightly rate and greater occupancy. The rental owner, adopting an, "ask for forgiveness, not permission" strategy, bets on the neighbor not noticing, or caring about, a few missing trees. The rental owner may also assume that a part time resident of Fannin County is less likely to pursue legal action.

This assumption, however, is incorrect. The unauthorized removal or topping of mature trees constitutes trespass and property damage, which can result in significant civil claims under Georgia law. The fact that the tree owner is a part time resident doesn’t deprive them of their right to enjoy their property, nor does it devalue their legal claim.

There are a few variants of this situation. We often see trees being topped (i.e. the top of the tree being cut off, but the trunk left standing) instead of being cut down completely. Topping is often cheaper then cutting the tree down, but it ultimately kills the tree and is still illegal. We also see instances where a rental property owner will seek and receive permission to trim some branches or remove one or two trees, and then “accidentally” removes dozens of trees. The rental property owner will usually blame the contractor who did the cutting and bet on the neighboring property owner forgiving the trespass.

This situation is not an isolated anecdote; it represents a conflict between the commercial interests of the tourism industry and the fundamental property rights of mountain landowners in Blue Ridge. And I’ll bet you the same thing is happening in Ellijay, Blairsville, and Helen too. If you believe someone has unlawfully cut trees on your property, do not delay. Contact our firm now for a free consultation.