Legal Question in Real Estate Law in Florida

Fallen Tree in my yard

I live in Miami, FL and it is now 2 weeks after Hurricane Wilma had passed through. My next door neighbor has a huge oak tree that was blown over into my yard. I spoke with him 3 times within the 2 week period asking when he was going to remove the tree off my property and each time I spoke with him, him imformed me that he was going to move it the next day. The tree is still there. Is the tree my responsibility or his? If I take him to small claims court, will I win? The reason why I'm asking is because I have no idea what the law is with blown down trees into a neighbors yard. By the way, there was no damaged made by the tree, I just can't get to my own back yard because of it.


Asked on 11/04/05, 8:29 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Fallen Tree in my yard

Your neighbor is not responsible for an Act of God.

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Answered on 11/04/05, 11:13 pm


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