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Learn who is on the line when a tree falls in a neighbor's yard.



Jul 25, Which landowner is responsible for dead or live trees falling on adjoining property? The health of the tree may determine which landowner is responsible for damages to property (A secondary source called"Florida Jurisprudence" provides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages (1 Fla.

Jur. Florida law prohibits a neighbor from cutting down a neighbor's tree or even entering a neighbor's property without permission from the owner. However, utility companies are exempted from this prohibition, under Section of the Florida Statutes. Furthermore, some trees are protected under Florida law such as mangrove trees.





New Florida Tree Law – Chapter – Florida Chapter ISA. Recent legislative action, CHAPTERCommittee Substitute for House Bill No.has charged ISA Certified Arborists with the authority to advise residential tree owners about the potential risk their tree (s) pose to people and/or property prior to pruning or removal.

Florida Law. Florida law puts the responsibility for fallen trees on the homeowner.



An owner of real estate has a right to enjoy it according to his own taste and wishes, and the arrangement of buildings, shade trees, fruit trees, and the like may be very important to him, may be the result of large expense, and the modification thereof may be an injury to his convenience and comfort in the use of his premises which fairly ought to be substantially compensated, and yet the arrangement so selected by him might be no considerable enhancement of the sale value of the premises, it might not meet the taste of others, and the disturbance of that arrangement, therefore, might not impair the general market value Id.



When trees are close to your property line, then the law determines the owner by looking at the trunk of the tree. If the trunk sits primarily on your property, then you are the owner.

If the tree sits right in the middle of two properties, then both owners are responsible for the tree. Oct 24, This is the basic rule: you can trim back any part of a tree that is encroaching/hanging over your property. If your neighbor gets upset and sues you, a court will not expect you have to used a ruler to be precise--just that you exercised good faith and acted reasonably in trying to stay within your property.

The health of the tree may determine which landowner is responsible for damages to property. A secondary source called “Florida Jurisprudence” provides that where a dead tree falls on an adjoining property and damages that property owner’s home, the landowner who owns the property where the tree originally was located is responsible for damages (1 Fla.

Jur 2d Adjoining Landowners section. Nov 28, Florida has laws governing these encroaching branches. Your legal right to trim branches hanging over your property line will depend on the health of the tree.



This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence.



If the tree is healthy, you may, at your own expense, trim back branches up to the property line. Your neighbor won't necessarily be liable for healthy branches falling on your land.





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