A tree is right on the property line in between two houses. Operator A’s insurance policies business suggests it have to come down does owner B have any obligation to help pay for that?
FORT LAUDERDALE, Fla. – Dilemma: Could you remember to explain the obligations of neighbors who have a tree that straddles the property line? Our insurance policies business is necessitating that the tree come down due to legal responsibility to the house. Must our neighbor have to pay some portion of the bill to take out the tree? – Linc
Remedy: When a tree straddles the property line, it creates a several thorny difficulties to solve. To do so, we will have to have to first glimpse at tree regulation in other conditions.
When a tree is on your neighbor’s property, but its limbs or roots prolong onto your property, you equally have the right to trim them again to the property line so extensive as you do not destruction the total well being of the tree.
You also have the duty to do this ahead of it hurts your property. If your neighbor’s tree is healthier and a branch breaks off in a storm, you cannot hold your neighbor responsible, even if it falls on your roof. The regulation equally permits and needs you to shield your property in this circumstance by trimming the branches again.
Having said that, if the tree is harmful or dead when it falls, your neighbor will be responsible for the destruction it triggers. This is an incentive for him to sustain his property in a way that does not hurt other people.
Both of those functions very own a tree that straddles the property line. Trimming the branches and cleaning up the fallen leaves is up to just about every owner on their side of the line.
Removing the tree have to be agreed upon by equally property owners. If just one owner eliminates the tree with no the other’s permission, they may well be liable for not only the benefit of the tree, but for the ease and comfort and enjoyment that the tree provided. In the landmark circumstance on this situation, the adjoining owner was compensated for the lacking shade the tree provided, along with the benefit of the taken out tree.
In your circumstance, do not take out the tree with no your neighbor’s created consent. To get that consent, it will likely suggest that you will have to have to pay for the elimination on your own, but that is superior than receiving sued.
About the writer: Gary M. Singer is a Florida lawyer and board-certified as an skilled in authentic estate regulation by the Florida Bar. He methods authentic estate, enterprise litigation and contract regulation from his business office in Sunrise, Fla. He is the chairman of the Genuine Estate Segment of the Broward County Bar Affiliation and is a co-host of the weekly radio show Authorized News and Evaluation. He regularly consults on basic authentic estate issues and tendencies in Florida with a variety of firms throughout the country.
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