Legal Question in Real Estate Law in Florida

Re: tree on city easement causing damages

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, I believe the City may be held liable for the removal of the tree and any damage it has caused to your home/driveway. Since it is a municipal entity, you should ask to schedule a meeting with the city manager to try and resolve this problem. If this proves unsuccessful, then schedule this matter to be heard before the city commission. Before you go, meet with individual city commissioners to discuss your plight and try to win support one on one. If you can get a commissioner to champion your cause, you will be much better off when appearing before the commmission. Your last avenue is to file suit in the local court to require the city to take the requested action and/or pay you for your damages.

Scott R. Jay, Esq.

Re: tree on city easement causing damages

IMPORTANT: Please note that while the answer posted below to your question is being addressed by a licensed attorney and member in good standing with the Florida Bar, it does not constitute legal advice, and is not intended to establish an attorney-client relationship. It is an opinion based on the limited facts given, and does not necessarily contemplate or address all possible issues. In order to fully address your question, a licensed attorney must review all facts involved and have the opportunity to ask you further questions. The communication in this response is not covered by the attorney-client privilege and does not create any legal relationship with the responding attorney.

There are many factors that go into the analysis of your question. It is possible that the city will be found responsible, but do not be surprised if they do not agree with that position without more than a request on your part. Important facts will include: who planted the tree, who maintains the tree, what type of easement does the city have on your property, and so on. Simply because the tree is within the city's easement does not mean the tree belongs to the city. I assume from the wording of your question that the underlying property belongs to you. You need to establish a better fact pattern in order to prevail. Once some of the above questions have been answered, your best route may be political (ie, city commissioner meeting) or, depending on the city's response, it may be legal (ie, the court system). I've been fighting cities, counties, and other government entities for quite some time now, and generally, they do not simply admit liability without a strong fact pattern evidencing such. Good luck in your endeavors.