Who Is Liable When a Tree Falls on a Neighbor’s Property in Florida?

Usually, it is nice when your neighbor has trees on their property. Those trees increase the beauty of your neighborhood and may even increase your property value. However, this benefit can become a frustration if a neighboring tree falls onto your property.

This begs the question of who is liable when a tree falls on a neighbor’s property in Florida. The answer depends on the circumstances before the fall. And the answer to that question will affect how you can get compensation for any damage caused by that fall.

If a neighbor’s tree has fallen onto your property, the first thing you should do is speak to an experienced liability attorney at Morgan & Morgan. Our attorneys can quickly determine liability in your case and help you exercise your options. Contact us immediately to schedule your free case evaluation.

Tree Laws in Florida

The main factor used to determine who is liable when a tree falls on a neighbor’s property in Florida is the health of the tree. If the neighbor’s tree was healthy before it fell on your property, you are typically responsible for any costs incurred. If the tree was not healthy, the neighbor might be accountable.

A healthy tree is less likely to fall than an unhealthy one, but it can still happen. In Florida, healthy trees are most likely to fall during hurricanes or tropical storms. The tree owner is not considered responsible for this because there was no reason for them to believe the tree was at risk of falling.

However, if a tree is unhealthy, the situation changes. Property owners are required to maintain the health of their foliage, particularly if it represents a risk to neighbors. If a tree is obviously unhealthy, the owner must prune or remove it as needed to reduce the risk it poses.

If a property owner is aware that a tree is unhealthy and doesn’t take any corrective action, that individual becomes liable for any damages resulting from the tree falling.

Taking Preemptive Action

Typically, you will be able to receive compensation from your neighbor if they are liable for damage to your property caused by their tree. However, it is better if your property never gets damaged in the first place. If you have any reason to suspect that your neighbor’s trees represent a threat to your property, you can take action before damage occurs.

Formally Request Tree Maintenance

If you notice that one or more trees on your neighbor’s property look unhealthy, you should formally request your neighbor to perform tree maintenance. An attorney from Morgan and Morgan can help you send a legal document notifying your neighbor that a tree they own represents a threat to your property.

Once you have notified your neighbor, they will not be able to claim they weren’t aware of the danger if something happens. You can also use a copy of the letter you send as evidence if you eventually have to take your neighbor to trial.

With any luck, though, that won’t be necessary. Hopefully, your neighbor will correct the problem as soon as you make them aware. It is always possible that your neighbor didn’t realize that a tree was dead or unhealthy, which is why they have not taken corrective action.

Trim Encroaching Branches

If any portion of your neighbor’s trees crosses your property line, you have the right to trim the portions of the tree that are encroaching. If you choose this option, you are responsible for the cost of any trimming you perform.

You also may want to be wary about choosing this option. Cutting off a portion of a tree will probably ruin its aesthetic, which could harm your property value. It is also likely to anger your neighbor. You should probably only do this if an encroaching limb is unhealthy or directly endangering your property.

Additionally, you need to be extremely careful not to cut any portion of the tree that is on your neighbor’s property. Research the maps that show your property lines and be completely certain where your property begins before you take any action.

Have a Friendly Conversation With Your Neighbor

Even if a tree isn’t unhealthy or encroaching on your property, you may be wary about the danger it presents to your home or other structures. In this situation, you can’t force your neighbor to take action, but you may be able to convince them to do something.

If you have a good relationship with your neighbor, try having a friendly conversation about your concerns. You may be able to convince them to trim or remove a tree to protect your property. Consider offering to split the cost or even pay for the work to soften the blow to your neighbor.

While you each own your properties individually, the combined area still represents a neighborhood. It is usually in the best interests of both parties if you can come to a consensus about how the foliage is located on that land, especially near the property lines.