Legal Question in Real Estate Law in Florida

Neighbor's Tree Damaged my fence

Aprroximately 4 months ago a man moved into the house behind mine. Shortly thereafter he had a huge tree cut down. Part of this tree fell on my chain linked fence (behind my outdoor shed). It was the time of year that I had stopped cutting the lawn so I didn't notice. A friend across the street was helping me clean out that shed, and she asked me why I hadn't had my fence fixed yet, (knowing I own a 75 LB. Black Lab). She showed me where this tree hit my fence and smashed the fence to the ground, (you can see the indentation of the tree on the broken fence). I went directly to the man's house and he slammed the door in my face and said the Florida hurricanes did that damage. I know he is lying because my nieghbor said she seen the tree hit my fence when it was being cut down. I would like to know if regardless of how the tree did the damage, (by storm or by being cut down), is he liable because the tree was on his property?


Asked on 2/19/05, 5:51 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Neighbor's Tree Damaged my fence

Neighbor is responsible for the maintainance of the tree. If the tree fell on your fence while he was cutting it, then he is reponsible.

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Answered on 4/29/05, 6:15 pm
David Slater David P. Slater, Esq.

Re: Neighbor's Tree Damaged my fence

He is not responsible for an act of G-D.

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Answered on 2/19/05, 6:48 pm


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