Legal Question in Civil Litigation in Florida

Re: Damage to personal property

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Re: Damage to personal property

Have you tried actually going over and talking to him or her instead of writing, which has not worked? If the neighbor will not respond, you have no alternative to bring a claim. You don't say what was damaged or the cost to repair the damage, but small claims court is easy to navigate.

Re: Damage to personal property

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.

Under Florida law, a neighbor has no responsibility for a tree from their yard which causes damage to your property. While an attorney's first thought might be to tell you to sue your neighbor, this will most likely bring little results as a review of actual caselaw and applicable statutes will reveal.

You may wish sit down with your neighbor and try to illicit cooperation. An attorney can be engaged to write a letter on your behalf, but if your neighbor is not breaking any laws, there is little anyone can do to help you.

Scott R. Jay, Esq.

Re: Damage to personal property

File in small claims court on your own or get an attorney to bring suit if their demand letter does not get you paid.