Legal Question in Real Estate Law in Florida

my tree fell in neighbors yard

during a storm my tree fell and broke neighbors fence am I liable?


Asked on 7/04/07, 4:20 pm

3 Answers from Attorneys

Johm Smith tom's

Re: my tree fell in neighbors yard

Yes you can avoid paying, but think about the future; good neighbors are important.

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Answered on 7/05/07, 7:44 pm
David Slater David P. Slater, Esq.

Re: my tree fell in neighbors yard

Only if they can prove tree was diseased and weakend and you knew.

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Answered on 7/04/07, 4:25 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: my tree fell in neighbors yard

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law you are probably not liable. Morally, you should try to repair the neighbor's fence as it was your tree that caused the damage. You will have to get along with your neighbor for years to come and this will be a small cost to keep good relations.

Scott R. Jay, Esq.

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Answered on 7/04/07, 9:44 pm


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