Legal Question in Real Estate Law in Florida

Re: Fallen tree responsibility

May depend on why the tree fell, if due to the hurricane and neighbors properly maintained it then it is debris that would be your responsibility to remove. If tree fell due to negligence of neighbors then any damage would be their responsibility. At this point to protect yourself from further liability (ie visitors or children being injured by a known danger) and damages to your property, you should have the tree removed and then sue your neighbor for the cost of removal if you determine the neighbors should be responsible.

Re: Fallen tree responsibility

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Florida Courts follow common law which states "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. This ruling has been consistently followed by the Courts in Florida.

It is my belief that morally there can be no question. If they are your trees and they cause damage to you, your neighbor should be responsible but the law finds differentially.

You have the right to remove the tree if it has fallen although your neighbor should certainly help and/or bear the cost.

I believe that 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 the neighbor do so however.

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

Re: Fallen tree responsibility

Your neighbor has no legal responsibility for this Act of God.