[Debra Freeman]

FE962/FE962: Handbook of Florida Fence and Property Law: Trees and Landowner Responsibility

[RedFoxRick]

We lost two trees in two situations. According to the insurance company, if the tree was healthy and struck by lightening or blown down - act of god - so you are not liable. If the tree is unhealthy and not addressed and falls on your neighbor's property - you are liable.

[BlueStarAirlines]

Not sure of your state, but in mine a falling tree that results in damages would be paid for by your neighbor's insurance. In almost 100% of the cases, their insurance company sues you and they recoup the cost.

In the case where there is no damage (ie falling in a lake), if it is on someone else's property line that it falls they can sue you to remove it. I imagine it would cost more for you to have it removed from a lake than a controlled fall on your property and disposal.

If nothing else, think of the animosity if they go to put in their dock and your tree is laying there in the way and you saying it isn't your problem! I'd make your life a living hell....

[noslices1]

Originally Posted by heims01

We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?

If it can be proven that the tree was diseased or dying and it fell on your neighbor’s property, you would be responsible for the damage, even if it was blown down in a storm. According to “The People’s Court” on TV.

[dewilson58]

Maybe the neighbor won't be able to tell where it came from.

[Papa_lecki]

Originally Posted by noslices1

If it can be proven that the tree was diseased or dying and it fell on your neighbor’s property, you would be responsible for the damage, even if it was blown down in a storm. According to “The People’s Court” on TV.

Well, OP admitted, here, that the tree is diseased and damaged…..in some cases, free legal advice from the internet isn’t worth the price.

[DaleDivine]

Originally Posted by Papa_lecki

Well, OP admitted, here, that the tree is diseased and damaged…..in some cases, free legal advice from the internet isn’t worth the price.

And I thought 90% of the people on ToTV were lawyers or judges...

[kanoa1kale2]

Originally Posted by Papa_lecki

And you don’t think his insurance company would not have tried to collect from yours?

Had this happen in Ohio. Two trees fell on my roof from my neighbors property. My insurance company had to cover removal and roof replacement. Surprised me as I thought her insurance would cover it.

[Bonnierae]

Fl law says owner of dead tree is responsible for damage to neighbors property

[ThirdOfFive]

Originally Posted by heims01

We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?

I had a similar situation, in fact, about three years ago back in Minnesota. Had a gorgeous walnut tree in my back yard. During a thunderstorm, lightning hit it and split it right down the middle. Half fell on my deck, half on my neighbor's house. I don't know how the insurance companies down here view it but back there, with the company I had anyway, a tree falling from your property and damaging your neighbor's property means you are liable to pay for his damages and the insurance won't pay a dime for that--unless, of course, the accident was caused by an "act of God" which is defined as a natural occurrence outside of human control, such as an earthquake, tsunami--or (thankfully) lightning.

If your tree is dying then you have the choice of whether to remove it or not. I'd remove it. I very much doubt your insurance would cover it anyway and you'd keep up a good relationship (assuming you have one now) with your neighbor.

[Petersweeney]

If your neighbor is reading this thread …. I hope he/she copies it b/c it proves you have notice of the dangerous and defective condition- your sunk bro…Alex I’ll take protective measures fer 300….

[richs631]

Originally Posted by heims01

We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?

If your neighbor sees this post you are libel as you just admitted that you knew and were aware that the tree was in danger of falling on the neighbors dock. Had you not been aware and the tree fell on your neighbors dock it’s on t
Him and his insurance company

[Cassieb]

You have now admitted the tree could be a problem so you are responsible for any damage it may cause. The law states that if the neighbor complains about the tree's possibility of causing damage to their property or you admit to it then it will be your responsibility if the tree does indeed cause damage. And why would you take a chance of causing damage to your neighbors property?

[NoMoSno]

Originally Posted by heims01

We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?

Regardless if their dock is in or out when the tree falls, it will encroach on the space where they have a dock.
Do the right thing and have the tree removed.
The fish have enough habitat without your dead tree in the lake, in a spot that prevents your neighbors from putting in their dock.

[PugMom]

Originally Posted by heims01

If we cut the tree down we need to remove debris. If the tree falls naturally into the lake, then you may leave it as is. If we could just leave the tree in the lake it would be a lot less expensive to cut down but the rules are what the rules are. I have spent more money removing trees than I care to recall, most recently a diseased Palm the first few months after purchasing in the villages

idk, this is a terrible risk! up north we had the same issue-old maple tree in OUR YARD was hanging half in the neighbors' yard. @ nite with the new england winds blowing i could hear that old tree creaking & stayed up hoping it would'nt break off, damaging the rear of the neighbors' home. i had to be proactive--we paid well to have that tree taken care of, & arborist was saying how lucky we were that he got to it 1st. it would've cost much more to repair neighbors' home that to cut the tree in the 1st place. my advice is don't wait! meet with the neighbor, discuss your concerns & make a date to have the tree cared for.