Quote:
Originally Posted by daniel200
You are allowed to trim the tree back to the property line at your own expense. The owner of the tree is not required to trim the tree back.
“possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner’s own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property”
There is a good summary of Florida law regarding this here that also discusses liability:
https://ablawfl.com/who-is-responsib...-downed-trees/
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I can't speak to Florida law. However, this statement is in line with what I was taught in law school. In addition to being allowed to cut the branches and roots back to a vertical plane on the property line, the neighbor is not liable if the trimming results in the death of the tree.
The general rule is that the owner of a tree or a branch which falls on the neighbor's property is not liable for the damage, absent negligence. Examples of negligence which would result in liability for a fallen tree or branch include the failure to trim branches; the improper trimming of branches; and, the failure to remove a dead or dying tree. Although rather far-fetched, the owner would also be liable for planting a tree that, although otherwise appearing to be healthy, was unsuited to the soil or climate conditions and failed to establish a root system that would allow it to withstand the prevailing winds.
Perhaps, the last example of potential liability is not that far-fetched. Our son lives in a town on the seashore south of Boston which is subject to high winds. Years ago, a particular type of tree was extensively planted on the hillsides for erosion control as these trees developed an extensive root system. However, as the trees grew to their full height, it became apparent that the trees would suddenly break-off at mid-height in a windstorm and not bend. Property owners have been warned to "top" these trees or face liability if a neighbor's house is damaged by a broken tree.