2d 215, 216 (Fla. 3d DCA 1987), which explained the common law rule: If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. Property Damage From a Neighbor’s Tree Roots – Your Rights and Options When it comes to property damage from a neighbor’s tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance. In the opposite case—a tree from your yard causes damage to the property next door—it’s up to your neighbor to put in a claim with his or her insurer. More on Homeowners Insurance My neighbor owns a Florida Live Oak on her property … A root barrier may be able to be installed once the roots have been trimmed back, if that is the course to pursue. Situation 3: Hurricane Ana, the first big storm of 2015, blows your neighbor’s tree over, into your yard. Following are some things to keep in mind regarding trees and neighbor disputes: Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. If a dead tree falls on a neighboring property resulting in damage, the person who owns the property where the trees was originally located is responsible for damages if they were on notice the tree was dead. Just like the situation with branches and roots, the same principle goes for an entire tree falling on adjoining property—if the tree was alive, it’s the responsibility of the person whose yard it fell in. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. For this reason, you may not be able to charge a neighbor for its removal. Your neighbors are proud of their beautiful, large fruit trees, which are now growing substantially over your property. Also, how do I locate an attorney in my area that can write a demand letter to my neighbor to inform her that she will be held liable. The trees have grown so large that a number of branches extend over your house, tool shed, and other improvements, which you believe results in a dangerous condition, not to mention rotten fruit dropping on your patio. The Court affirmed the trial court’s dismissal with prejudice of appel-lant’s complaint for damages based upon Gallo v. Heller, 512 So. Be Aware of Tree Root Issues. If necessary, you can sue to enforce your rights. Of course, it all depends on the laws in the city and state where the tree is located. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. Please advise me of the Florida State statue that covers the information on neighbor owned tree damage. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. If this does not work, an attorney can write a letter for you, to avoid a lengthy costly ligation. roots from the neighbor’s tree caused damage to his prop-erty (41 So.3d 989, 989 [Fla. 4th DCA 2010]). If they refuse, then the neighbor should engage the services of a licensed arborist to trim the roots and branches is such a way as to reduce the property damage while not injuring the tree. Under Florida law, the health of the tree determines who is responsible for damages to neighboring property. But you do need to know the law and the condition of the tree and roots. I would talk to the neighbor first; also offer mediation. Make sure you know how to check if tree roots are gumming up your sewer line.
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