Full question:
Our tree blew over during a wind storm onto neighboring property. This was not just part of the tree. The whole tree came uprooted and although the largest end with all the roots is still in our yard, a lot of the tree landed on property behind us and was blocking their driveway. We have cut up a lot of the tree and branches and stacked them to clear their driveway. Are we responsible for completely getting rid of all of the tree since it was an act of God? I was told that in Florida we are not responsible for any acts of God, since we were not negligent.
- Category: Trees
- Date:
- State: Florida
Answer:
A neighbor can be held liable only if his failure to maintain the tree in some way contributed to the damage. If the damage was merely the result of a large storm or an act of God, the neighbor will not be liable for the damage, because the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.
Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. A Court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
