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 is generally not liable for damage caused by a tree falling due to a storm, which is considered an act of God, unless their negligence contributed to the situation. If the tree was well maintained and the storm caused it to fall, the neighbor is not responsible for the damage. However, if a tree limb appeared dangerous and the owner ignored warnings to maintain it, they could be held liable for any resulting damage. Additionally, if a tree encroaches on a neighbor's property and causes damage, the owner may be required to remove it, but courts can consider factors like the cost of removal versus the inconvenience to the affected neighbor. In Florida, if the damage was solely due to an act of God and the tree was properly maintained, you are likely not responsible for complete removal (Fla. Stat. § 163.045).
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.