Legal Question in Real Estate Law in Florida

Damage to neighbor's fence from tree on my property

During a violent storm, a branch fell from a tree on my property onto my neighbor's chain link fence and bent it to the ground. Most of the branch lies on my property, the rest on top of the fence. Am I liable for repairing the neighbor's fence?


Asked on 8/21/01, 11:44 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Damage to neighbor's fence from tree on my property

It appears to be an act of God, and you may have defenses to any claim your neighbor may assert against you. Your homeowner's policy may cover the loss, so, consequently, if any claim is made against you, notify your homeowner's insurance carrier immediately. Of course, depending on the cost of the repairs to the fence, you and your neighbor may simply agree to split the expense and repair it together, kind of like the way things use to be before everyone became so interested in lawsuits and quick cash. Seek the advice of counsel and good luck.

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Answered on 8/21/01, 3:32 pm


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