Legal Question in Real Estate Law in Florida

Tree in my yard with broken branch

hanging down over neighbor's yard. Break is on their side. When it falls it could possibly hit their telephone line. They refuse to hire someone to remove it and say I should. Do I have to remove it and am I liable if it falls and does damage to their telephone line? Branch is approx five foot in length.


Asked on 7/27/07, 8:51 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Tree in my yard with broken branch

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law, a neighbor has no responsibility for a tree from their yard which may or does cause damage to your property. While under the law you are not obligate to pay to have the branch removed, it has always been my opinion that you are morally responsible.

You may wish sit down with your neighbor and try to illicit cooperation. Perhaps you can both meet halfway and share the expense. If your neighbor is not breaking any laws, there is little anyone can do to help you get along as neighbors.

Scott R. Jay, Esq.

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Answered on 7/29/07, 3:50 pm


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