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?
2 Answers from Attorneys
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.
Re: Neighbor's Tree Damaged my fence
He is not responsible for an act of G-D.