Bulbs
Flower Basics
Flower Beds & Specialty Gardens
Flower Garden
Garden Furniture
Garden Gnomes
Garden Seeds
Garden Sheds
Garden Statues
Garden Tools & Supplies
Gardening Basics
Green & Organic
Groundcovers & Vines
Growing Annuals
Growing Basil
Growing Beans
Growing Berries
Growing Blueberries
Growing Cactus
Growing Corn
Growing Cotton
Growing Edibles
Growing Flowers
Growing Garlic
Growing Grapes
Growing Grass
Growing Herbs
Growing Jasmine
Growing Mint
Growing Mushrooms
Orchids
Growing Peanuts
Growing Perennials
Growing Plants
Growing Rosemary
Growing Roses
Growing Strawberries
Growing Sunflowers
Growing Thyme
Growing Tomatoes
Growing Tulips
Growing Vegetables
Herb Basics
Herb Garden
Indoor Growing
Landscaping Basics
Landscaping Patios
Landscaping Plants
Landscaping Shrubs
Landscaping Trees
Landscaping Walks & Pathways
Lawn Basics
Lawn Maintenance
Lawn Mowers
Lawn Ornaments
Lawn Planting
Lawn Tools
Outdoor Growing
Overall Landscape Planning
Pests, Weeds & Problems
Plant Basics
Rock Garden
Rose Garden
Shrubs
Soil
Specialty Gardens
Trees
Vegetable Garden
Yard Maintenance
Laws on the Responsibility for Fallen Trees in Florida
Laws on the Responsibility for Fallen Trees in Florida. The destructive force of nature is something that any homeowner in Florida faces, from minor storms to full-scale hurricanes. When a storm occurs, you need to consider potential damage to your home and personal property as well as the property of your neighbors. When a tree on your property...
The destructive force of nature is something that any homeowner in Florida faces, from minor storms to full-scale hurricanes. When a storm occurs, you need to consider potential damage to your home and personal property as well as the property of your neighbors. When a tree on your property falls over during a storm, you are generally responsible for the damage.
Florida Law
Florida law puts the responsibility for fallen trees on the homeowner. 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. You cannot touch a tree that belongs to your neighbor, but you can remove portions that sit over your property, such as tree branches.
Cleanup
The owner of a fallen tree is responsible for the cleanup and any damages caused by the tree. If you and a neighbor shared responsibility and ownership of the tree due to property lines, then you should split the cost of the cleanup equally. You may need to discuss the situation with your neighbor, and in some cases, a lawsuit might be the only recourse to an equitable settlement if both parties cannot agree.
Exceptions
When you file a lawsuit to receive compensation for a fallen tree, you must prove that the tree fell because it was damaged or diseased. Trees that fall as the result of natural disasters, including storms, are not the fault of your neighbor. Likewise, your neighbor cannot expect you to pay for damages caused as the result of a storm that knocks down a tree you own. You will likely be responsible for the cleanup costs but not any damages.
Considerations
Florida homeowner's insurance generally covers issues related to fallen trees, especially when the trees fall as the result of a natural disaster. As soon as an issue arises, contact your insurance agent and ask about your coverage. The insurance should cover the cost of cleaning up the tree and any resultant damage, including roof repair. You will likely need to pay a deductible, with the insurance company covering the remaining costs.
