Legal Question in Personal Injury in Florida
tree removal - 2 property lines
I live in florida and there is a large oak tree that is dying (hollow inside) that sits on the fence line between my yard & my neighbor's (the fence actually goes around the tree). The probably needs to be removed, but my house is in no immediate danger (the tree is at the rear of my property). However, the limbs of the tree hang directly over my neighbor's house. I have spoken to him & he has no interest in helping to have it removed. If the tree causes any damage to my neighbor's home, do I have any responsibility?
2 Answers from Attorneys
Re: tree removal - 2 property lines
Possibly. Be sure write the neighbor so there is proof that he knows that the tree is dead and is in danger of falling. You might consider seeing if he will cut the limbs that hang over his house or tell him you will do that. If he does not and does not allow you to do so, it is tough for him to complain later.
Re: tree removal - 2 property lines
Under Florida law, a tree on your property is considered your property, even if it overhangs your neighbors property. So, if it falls on someone and kills them, just to give an extreme example, you (and your homeowners' insurance) would be liable. If the tree falls on your neighbor's house, you (and your homeowners' insurance) are liable for the damages. Many homeowners' policies demand that dead trees be removed by the homeowner or they disclaim liability.
You should strongly consider removing the dead tree. Not only is it a source of liability, it is a source of danger.
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