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


Asked on 8/23/07, 3:09 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Tree stratling propertly line

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 information, 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 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.

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Answered on 8/24/07, 2:03 am


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