What can Larry do about it?
Rowell, Mass.Upholds the"Massachusetts rule" that"an individual whose property is damaged by a neighbor's healthy tree has no cause of action against a landowner of the property upon which the tree lies." Property owners who are disturbed by their neighbor's trees are"not without recourse," though. Oct 02, Under Florida law, the health of the tree determines who is responsible for damages to neighboring property. If a dead tree falls on a neighboring property resulting in damage, the person who owns the property where the trees was originally located is responsible for damages if they were on notice the tree was dead.
However, if a live tree falls on neighboring property resulting in damage, the neighboring property. tree falls on an adjoining property and damages that property owner’s home, the landowner who owns the property where the tree originally was located is responsible for damages (1 Fla. Jur 2d Adjoining Landowners section 8 ). Alternatively, Florida Jurisprudence provides that where a live tree falls on an adjoining property and damages that property owner’s home, the adjoining.
Florida Law. Florida law puts the responsibility for fallen trees on the homeowner. When trees are close to your property line, then the law determines the owner by looking at the trunk of the tree. If the trunk sits primarily on your property, then you are the owner. If the tree sits right in the middle of two properties, then both owners are responsible for the tree. Jul 25, The health of the tree may determine which landowner is responsible for damages to property (A secondary source called"Florida Jurisprudence" provides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages.
Oct 07, Interestingly, Florida law does not hold the neighbor liable if a tree from the neighbor’s property falls on your home. Florida law deems this to be an “act of God” and therefore, the neighbor is not usually liable to you for this damage. Of course, if it could be shown that the neighbor’s tree was diseased, rotting, or otherwise ready to fall down, the neighbor could then be held liable for your.
Jul 20, If a tree is unhealthy, this rule of non-liability would seemingly not apply. For example, if a dead tree breaks apart and falls onto a neighbor’s home, the tree owner will not automatically avoid liability for such damage. Likely, in such a case, the owner will have liability for any resulting damage.