Legal Question in Real Estate Law in Florida
Tree root damage
A tree on a property I own damaged a concrete wall which is built on the property line and share with the neighbor.The covenants of the sub division state that all wall are shared and that maintenance is a shared responsibility. Immediately upon hearing of the damage I paid to have the tree/roots removed. ( I live in another state)The neighbor initially offered to pay half of the wall repair and we jointly hired a mason who completed half of the work. Midway through the job, the neighbor got into a disagreement with the mason who walked off the job. (6 mos ago)The neighbor then said that he is washing his hands of the entire matter and that I am totally responsible for all damage including some to a conected wall on his property. Over the past months, I have phoned and sent several emails but he ignores me. If he sues, will he win? Thank You
3 Answers from Attorneys
Re: Tree root damage
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RESPONSE: Generally, because your property (the tree and its roots) caused damage to the wall (owned partly by your neighbor) you would be responsible for the damages. However, based on the facts that you provided, your best defense, which in my opinion is not a very good defense, might be that you entered into a settlement agreement with your neighbor to split the costs. Therefore the settlement agreement should be enforced. Good luck, but if I were you I would try to resolve it out of court, and try to find out why your neighbor is reneging on the settlement agreement.
Re: Tree root damage
Unless he can show you knew or should have known of the tree problem before it caused the damage I do not see any liability.
Re: Wall damage by tree
Dear Sir or Madam:
Liability will depend on the reason for the tree falling on the wall and the specific language of the covenant stating it is responsible for all walls. Depending on the facts of the falling of the tree, it may not be you or your neighbor that is responsible for the rebuilding of the wall. It may be the associations responsibility. However, if the tree falling was due to some sort of negligence on your part, due to lack of care or maintenance for the tree etc, then you may have liability. The oral agreement between you and your neighbor is an additional issue that will become important if you decide to sue your neighbor or would like to use it as a defense in the event you are sued.
Best Regards,
Tonia Troutwine, Esquire
Corporate Transactions, LLC
(A Private Law Firm)
3518 NW 36th Street
Suite 204
Miami Beach, Florida 33142
305-984-5748
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