Table of Contents
- My neighbour cut my tree in Florida
- What happens if I cut my neighbour’s tree down in Florida?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
In Florida, if someone trespasses on a property, damages or destroys the property of an individual, or does something else to interfere with an individual’s rights, the person will generally be responsible for the damages if a court finds him or her guilty of the violation. Not all trees are protected, though all growing things are by default. If a tree is planted on your side of the fence line you have an easement, or legal right to be able to access that tree.
If your neighbour cut down your tree and damaged your fence line in any way, he may be legally obligated to pay restitution. This means that he may need to repair your fence line at his own expense and compensate you for any financial losses that you suffered.
The principle of law protects individuals from being sued for a wrongful act when they have not actually caused damage to the property in question. This principle applies unless the individual is doing something to cause damage to someone else’s property, such as cutting down a tree on a plot of land where it is clear that he does not have the right to cut down the tree.
My neighbour cut my tree in Florida
As long as you do not attempt to cut down the tree on your neighbour’s property, you may be able to hold him liable for the value of your tree. Depending on how much you are asking will depend on how quickly he will want to reach a settlement instead of going to court.
My tree branches overhang my property in Florida
If your neighbour’s tree branches have damaged your property, you may be able to hold him liable for the cost of replacing the trees. When calculating what you wish to charge him for the damage done, take into consideration how wide the tree currently is and offer him around 25% of its worth for his trouble.
My neighbour damaged my tree on my property in Florida
In Florida, if you harm someone else’s trees without permission, you are liable for three times the value of the damaged or destroyed trees. Also, if you do damage to his fence by cutting down his trees, he could recover from your insurance company for damages.
If his trees are overhanging your property line or blocking sunlight from entering your home, then you will need to work with him to get him to cut those branches back so that they do not infringe upon your property rights.
My neighbour’s tree roots or branches damaged my property in Florida
Even if a tree grows on the property line, you have an obligation to keep your trees and shrubs trimmed or maintained so they do not invade their neighbour’s space. You may also be able to file a claim against them for destroying your property.
Can my neighbour make me cut my tree?
Your neighbour has the right to have a view of his property. Florida has what is known as a “right to light” statute that gives your neighbour the right to see his yard. There is also a Florida statute that permits a landowner to remove any plant or tree that is “injurious to health or indecent without setting up liability in damages. You are entitled to have an unobstructed view.
You can contact your neighbours and offer to pay for them to have the tree trimmed if this is not something they would be willing to do on their own. If you are unable or unwilling to make this offer, you can hire someone else (a recommended practice) and recover your expenses.
So, until you talk with your neighbour, we suggest you find out if it’s true that he owns the tree. If he really does own it, he can cut it himself or hire an arborist to do the work. And he can ask the city to enforce the bylaw and make you pay for it if the tree dies because of neglect.
How can I get my neighbour to cut his dead tree in Florida?
If your neighbour’s trees are on his own land and it is physically, (or in the near future will be) dead, he can do whatever he wants with them.
If they want the tree removed because of the hazard it presents go to http://www.state.fl.us/ and click on Dept of Agriculture, Division of Forestry-Fire Management & you’ll find multiple links to contact them with your concern and request for a determination.
What happens if I cut my neighbour’s tree down in Florida?
In the state of Florida, it is illegal to cut down any tree that grows on your neighbour’s property.
If the neighbour’s tree branches have trespassed onto your property, causing damage, you may be able to hold him responsible for the cost of replacing the damaged trees. You should compensate him based on the size of the tree and the damage it has caused; generally, around 25% of its value is a reasonable sum to request in compensation.
- You may be able to recover some costs from your neighbour if he accidentally damages your tree.
- In the state of Florida, the law clearly states that you are not allowed to cut down any trees on your neighbour’s property.
- You may be able to hold them responsible for the cost of replacing the damaged trees.
- To find out whether you’d be entitled to any reimbursements, calculate the current market value of the fallen trees and offer your neighbour 25% of the market value of the tree.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
If your neighbour’s tree is in danger of falling on your property, then they are in fact liable for any damage done by the fallen tree.
Speak with your neighbour, and try to work out a solution that both of you are satisfied with. In some cases, it may be possible to have the tree professionally removed at your neighbour’s cost; other times, you might be able to agree that he remove the branches or limbs that are in danger of falling onto your property.
If you are unable to come to an agreement with your neighbour after a cordial discussion, then you may need to seek legal advice about formalizing your resolution and laying out what remedies will be available if these informal attempts fail.
If litigation does arise from these situations and damages are awarded to the plaintiff, the damages can include but are not limited to medical expenses (if any were incurred), lost wages due to missing work due to injuries from the fallen tree, loss of use and enjoyment of one’s property while the fallen tree has made it dangerous or unusable, increased insurance costs
- Medical expenses (if any were incurred)
- Lost wages due to missing work due to injuries from the fallen tree
- Loss of use and enjoyment of one’s property while the fallen tree has made it dangerous or unusable
- Increased insurance costs