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Richard, Attorney
Category: FL Real Estate
Satisfied Customers: 55294
Experience:  Attorney with 29 years of experience.
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I have a real estate question. The neighbor to one of my

Customer Question

I have a real estate question. The neighbor to one of my rental properties claims there is a dead tree on my property and he's concerned that the limb that stretches out across the property line and over his home will fall and cause damage. I've always
heard that a homeowner is responsible for any limbs on their property, even if it originates from a tree on the neighbor's property. Is this correct? The house is located in Florida.
Submitted: 2 years ago.
Category: FL Real Estate
Expert:  Richard replied 2 years ago.
Hi there. My name is ***** ***** I look forward to helping you.
That's really not accurate. That's only accurate if the tree is healthy. Liability depends upon whether the owner of the tree knew or should have known the tree was previously damaged or diseased. If the answer to that is yes, then the owner of the tree (or his insurance company) is responsible for the removal of and any damages caused by the tree. If the answer to that is no, then it would be considered an Act of God, and the owner of the tree has no liability for damage and is not responsible for the removal from the neighbor's property. Since the neighbor has put you on notice that the tree is dead, if the branch were to fall and cause damage, you would have liability.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you there was no risk of liability, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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