Legal Question in Real Estate Law in Florida
Tree stratling propertly line
A construction firm developed land behind our house. A tree that stratles the property line (we both agree it stratles the line) was left up at our request. Unfortunately, the company killed the roots to the tree during the course of construction and now the tree is dead. The construction work undoubtedly caused the tree to die and we can back that claim with the testimony of an arborist. We want the company to take down the tree now that it is dead and compensate us for the loss of the tree. Will we be able to win this case in small claims court if the company refuses to take down the tree and compensate us for the loss? If the tree is left up and subsequently falls on either property and causes damage, who is responsible for the damage? Thanks for the help
1 Answer from Attorneys
Re: Tree stratling propertly line
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Under Florida law, you may have to absorb any loss or damage to your property if the tree falls. If you can prove in court that they killed the tree, you might be able to get compensation. The law is silent on that issue but it stands to reason that if they damage your property (the tree) that they can be held responsible.
You should speak with the company prior to any litigation or property damage, and see if you can reach an amciable resolution regarding the removal of the tree. Use of a professional mediator might be a wise move to help get the parties to reach an agreement.
Scott R. Jay, Esq.