Legal Question in Real Estate Law in Florida

Who is responsible?

i live in an unrecorded subdivision in citrus county fl.Neighbors tree fell over a month ago.95% of the tree is on my land.living fence may be damaged.who is responsible for the tree removal on my land? i am not concerned too much now about the living fence as i cannot see the damage .it is a huge tree and i cannot get under the branches to view it.so far no attempt has been made by the neighbor to do any removal on his land or mine.what time frame do i have if it is their responsibility? if it is totally mine then i can proceed immediately! any help will be appreciated. Thank You


Asked on 2/05/00, 1:16 pm

1 Answer from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Who is responsible?

You neighbor is responsible if you can prove that he

is somehow at fault for the tree falling. For example,

if you can prove the neighbor knew or should have

known the tree was about to fall, you can sue him

for your damages which would be the cost of removing

the tree from your property and repairing any

damage it caused. You have the right

to remove any portion of the tree that is on your property.

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Answered on 2/07/00, 8:18 pm


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