Legal Question in Civil Litigation in Florida

Re: Responsibility of Tree Removal Because of Hurricane

Legally no, neighborly, yes.

Re: Responsibility of Tree Removal Because of Hurricane

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There are some strong legal arguments which you can argue that you do not have any responsibility as set forth under Florida law "the rule at common law and the majority rule in this country, which is followed in Florida, is that a possessor of land is not liable to persons outside the land for a nuisance

resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is

privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which

has grown onto his property. Richmond v. General Eng'g Enters. Co., 454 So.2d 16 (Fla. 3d DCA 1984.

It is my belief that morally there can be no question. If they are your trees and they cause damage to your neighbor....why would you not be responsible? Further, why would you not remove them if they have fallen? This should be done if for no other reason then to be a good neighbor. Would you expect any less if the shoe was on the other foot?

It is your responsibility as a good neighbor to repair any damage and to remove your trees from your neighbor's property. Legally, it is questionable that a court would make you do the same.

Scott R. Jay, Esq., 305-249-8000