Q: My neighbor has a tree that is leaning and about to fall onto my house. I send her a certified letter and asked her to
seek an arborist and a professional tree trimmer. Of course I just received a letter from her attorney. They stated that in Florida the homeowner( or tree owner) is not responsible for any damage. They cited Scott v McCarty, 41So.3d 989 and Gallo v Heller 512 So2nd. Could you please verify this for me? I heard an arborist on television and he stated homeowners are responsible for their trees and their condition. What is the right answer?
A:
Those cases, from 2010 and 1987 respectively do rule that trees growing on a landowner's property are not nuisances justifying injunctive relief or damages. They state that what an adjoining landowner such as you should do is to trim the trees at your own expense.
You might want to have an attorney review the law in your judicial circuit of Florida to see if that circuit agrees, or if that caselaw is still current. But your best course of action is probably to trim the tree at your own expense.
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