Legal Question in Real Estate Law in Florida
Can I be held responsible for this?
My husband and I inherited a vacant lot in Florida three years ago from his grandparents (they had it 25 yrs and never built on it), and we kept it since my parents live an hour from there, thinking we might one day build a home there. I live in Illinois and have only been to this lot one time. It is in the middle of a neighborhood but was full of trees and brush when I saw it. I just got a registered letter from one of the neighbors telling me that some limbs were hanging over onto his pool. He asked if I ''knew a tree service'' or if I mind if he trims them back. And then he additionally said that there is a dead tree in the corner of the lot that could potentially fall on either his shed or a different neighbors shed. I wrote him back telling him he had my ''permission to cut or trim anything that may be endangering or encroachign on his property''.
My question is, if I do not pay for this tree to be cut down, and it falls on his or the other guy's shed, is that my responsibility? Or does that fall under a homeowners insurance type of thing? Can they sue me for damages? And by giving them permission to trim or cut, does that release me of any responsibility?
THANKS for your help!!!!
2 Answers from Attorneys
Re: Can I be held responsible for this?
You and your husband are responsible for the maintenance of the lot, and yes, there is potential liability. However, if your neighbor is negligent, that would be his negligence. I'm surprised that you did not receive a letter from the municipal authorities to clean up the lot.
Re: Can I be held responsible for this?
Generally, it is a neighbor's responsibility to cut tree limbs that may fall unto the neighbor's property. However, if you know that you have a large tree that is dead or dying, and that as a result that large tree may fall over and cause damage to your neighbor's property, the neighbor may file a claim against you as the property owner for failing to maintain your property and otherwise being careless or negligent in that regard. Such a claim may fall under your liability coverage portion of your homeowner's policy, depending on the policy at issue.
You should maintain your property safe from known dangers and you should seek counsel if any claim is filed against you.
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