Miami, FL asked in Civil Litigation and Real Estate Law for Florida

Q: i have a neighbor on the other side of our fence and and the neighbor has multiple large trees which are falling down

onto our side of the fence and it's damaging our belongings and could potentially get us injured or killed if we are standing near the impact of the tree. also let me mention that the trees that fall down often break our fence slowly, we have tried asking them to cut them or something but they refuse to and they don't care that it could cause danger to my family

1 Lawyer Answer
James Clifton
PREMIUM
James Clifton
Answered
  • Fayetteville, GA
  • Licensed in Florida

A: Your neighbor is liable for any dead tree or limb from their property that falls onto your property and causes damage. You may trim any limb or root from a tree or vegetation that extends onto your property whether living or dead. You need to make sure you determine exactly where the property line is located, so as not to cut back vegetation farther than the property line. You also may institute a claim for nuisance if the neighbor knowingly harbors dead trees on their property that pose a danger to you. If a live tree from your neighbor's property falls on your property and causes damage, you are actually responsible for the costs of repairing any damage on your property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.