A tree is directly on the property line among two households. Operator A’s insurance plan business suggests it will have to arrive down does operator B have any obligation to assistance pay for that?
FORT LAUDERDALE, Fla. – Question: Could you be sure to explain the obligations of neighbors who have a tree that straddles the property line? Our insurance plan business is necessitating that the tree arrive down due to legal responsibility to the residence. Should our neighbor have to pay some part of the monthly bill to take away the tree? – Linc
Reply: When a tree straddles the property line, it results in a several thorny concerns to resolve. To do so, we will require to initial seem at tree law in other circumstances.
When a tree is on your neighbor’s property, but its limbs or roots extend on to your property, you each have the appropriate to trim them back again to the property line so extended as you do not hurt the in general overall health of the tree.
You also have the responsibility to do this in advance of it hurts your property. If your neighbor’s tree is healthier and a department breaks off in a storm, you simply cannot maintain your neighbor accountable, even if it falls on your roof. The law each allows and requires you to safeguard your property in this condition by trimming the branches back again.
Even so, if the tree is unhealthy or dead when it falls, your neighbor will be accountable for the hurt it results in. This is an incentive for him to maintain his property in a way that does not harm many others.
The two parties individual a tree that straddles the property line. Trimming the branches and cleaning up the fallen leaves is up to each operator on their side of the line.
Eradicating the tree will have to be agreed upon by each property homeowners. If a single operator eliminates the tree with no the other’s authorization, they might be liable for not only the worth of the tree, but for the consolation and enjoyment that the tree offered. In the landmark case on this challenge, the adjoining operator was compensated for the missing shade the tree offered, along with the worth of the removed tree.
In your condition, do not take away the tree with no your neighbor’s composed consent. To get that consent, it will likely suggest that you will require to pay for the removal by yourself, but that is improved than obtaining sued.
About the writer: Gary M. Singer is a Florida lawyer and board-accredited as an qualified in genuine estate law by the Florida Bar. He techniques genuine estate, enterprise litigation and contract law from his business in Sunrise, Fla. He is the chairman of the Actual Estate Section of the Broward County Bar Affiliation and is a co-host of the weekly radio exhibit Legal News and Overview. He often consults on basic genuine estate matters and traits in Florida with several companies throughout the country.
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