In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. I would talk to the neighbor first; also offer mediation. 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. Situation 3: Hurricane Ana, the first big storm of 2015, blows your neighbor’s tree over, into your yard. 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. roots from the neighbor’s tree caused damage to his prop-erty (41 So.3d 989, 989 [Fla. 4th DCA 2010]). 2d 215, 216 (Fla. 3d DCA 1987), which explained the common law rule: More on Homeowners Insurance 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. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. 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. 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 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. 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. The Court affirmed the trial court’s dismissal with prejudice of appel-lant’s complaint for damages based upon Gallo v. Heller, 512 So. My neighbor owns a Florida Live Oak on her property … Of course, it all depends on the laws in the city and state where the tree is located. 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. If necessary, you can sue to enforce your rights. Make sure you know how to check if tree roots are gumming up your sewer line. But you do need to know the law and the condition of the tree and roots. “Absent clear danger, neither party can trespass on the other’s property to trim a tree. 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. If this does not work, an attorney can write a letter for you, to avoid a lengthy costly ligation. Be Aware of Tree Root Issues. Under Florida law, the health of the tree determines who is responsible for damages to neighboring property. 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