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Florida Law About Neighbors And Trees


When neighbors in Florida disagree over land boundaries, it’s usually about building fences, maintaining fences and dealing with trees. When a neighbour starts removing shrubs or putting up fences on his property, that is exactly what he is using his property for. But what if the neighbour owns a beautiful, large fruit tree that is now growing considerably on his property? Sources: 10, 12, 17

This is one of the reasons why the law protects private trees in Florida, but trees that pose a threat to a neighbor’s property do not come under the same legal protection as healthy trees. If a tree falls unexpectedly on a neighbouring property, the owner of the property on which the tree was created may be liable. Liability for tree owners under Florida law may depend on whether the branch is healthy or dead when it falls. Even if the trees are healthy, they are not responsible for stabilising or draining excess water from the surface soil. Sources: 0, 5, 11, 19

If a neighbour is reasonable, he may be entitled to claim if he can prove that he knew the tree was unhealthy and did not take precautions to prune or remove it before the storm. If the trees are unhealthy, you can get your neighbor to pay for the repair. In this case, the odds are against you, but if you have behaved in such a way that a tree falls on your property or on the property of a neighbouring landowner, you can contact one of them and ask for help. Sources: 0, 14

Could you clarify whether your neighbour has a tree that spans your property line? Could you please clarify whether your neighbours have trees that span the boundaries of the property? If you have learned about property issues covered in this article, don’t forget to check out the Florida Law about Neighbors and Trees on our website here. Could we please clarify whether our neighbours have trees that span your land boundary? Sources: 6, 8

Does anyone know where to find the Florida law on cutting a neighbor’s tree off his property, or any other questions on the subject? Sources: 1

Are you aware of trees on your property that have fallen down and branches that may have damaged your property or that of your neighbour? Do you know anyone who has suffered serious damage to their property as a result of a fallen tree? Do you think they deserve compensation from the neighbour, the homeowner or the insurance company? I do not know of any land with fallen trees, but I have seen firsthand the cost of repairing damage caused by a neighbour’s’ healthy ‘tree that fell on my land. What should I do if a Category 5 hurricane approaches and other nearby trees threaten to fall on our property, as could be the case with an approaching storm? Sources: 4, 16, 18

In such a scenario, the neighbour’s tree would pose a safety risk and should be cared for before it causes damage to our house. If our neighbour is sensible about maintaining the tree and it appears that the incident caused damage, would he be responsible for the damage to our property? If he does not care about the damage caused by such an incident, does he have to be liable? Sources: 2, 3

If the tree or part of a tree falls on our neighbour’s property and has obvious signs of disease or rot and the neighbour notifies the town of the danger, is he liable for the damage caused? If the trees or parts of the tree fall on his property but are well cared for, with no signs of disease or rot, is he responsible for causing damage to our property, or can he be held liable for doing nothing about it? Sources: 9, 13

If our neighbour prunes a tree that is over his property and does a terrible job and part of it is damaged, do we have a right to compensation? If your neighbour was informed weeks before the storm that a dead tree on the property was a danger And we do nothing And while Irma is blowing over, is he responsible for the damage he has done? Could we be liable for double or triple the value of the tree in the event of damage or flooding to the neighbouring property? Sources: 0, 15, 16

So here’s the question : How do we deal with our property and with the trees of our neighbours and their trees in our garden? You may wonder why we have to pay to cut down a neighbour’s tree he has grown on the property. If our neighbors “trees hang in the yard and the roots grow in your garden, do you employ tree services to bill your neighbor? If we cut it back to the fence line, what can we do about the grief and worry it causes because the limbs and roots of your tree threaten your property or life? 

Cited Sources

#1 Guide to Neighbors and Tree Dispute Laws

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