Q: I’ve An monumental tree on my property Shut to the property line that I even have been trimming for years. Some departmentes fall on the property line, And a few Inside the neighbor’s yard. This has by no means been A drawback till the neighbor put in a fence on the property line. Now the neighbor says if I damage her fence, she’ll cost me to restore it. Can she? — Steven
A: Yearly round this time, I get Many questions on timber, So as That is An excellent time to consider The fundamentals of the regulation.
In case your tree’s limbs or roots extend over the property line, your neighbor might trim them if doing so Does not harm the tree’s well being. Your neighbor should Do this earlier than it damages their property. It is as a Outcome of the regulation not solely permits A house-proprietor To shield their property in a state of affairs like this, it additionally requires it.
If the tree is healthful and a department or root damages a neighboring property, the neighbor is Responsible for the damage it causes.
That said, if the tree is unhealthful, the obligation for the damage Shall belong to the tree’s proprietor.
Your state of affairs has a twist Because you’ve taken In your neighbor’s obligation to trim the departmentes on her facet of the property line.
With this added obligation, you additionally assume the obligation to do it in a method That Does not damage her property. This was straightforward enough to do when there was nothing costly for the departmentes to fall on.
Now that your neighbor has put up a fence and put you on discover that she intends To maintain you accountable if the fence Is damaged, your most safe course is to cease trimming the parts of the tree That attain previous the property line.
Your neighbor Ought to do the trimming, and if in doing so she damages her fence, the restores Shall be on her dime.
In case your tree’s limbs or roots extend over the property line, your neighbor might trim them if doing so Does not harm the tree’s well being.
Gary M. Singer is a Florida lawyer and board-licensed as an professional in exact property regulation by the Florida Bar. He practices exact property, enterprise litigation and contract regulation from his office in Daybreak, Fla. He is the chairman of The exact Estate Part of the Broward County Bar Affiliation and is a co-host of the weekly radio current Authorized Information and Review. He frequently consults on widespread exact property issues and tendencies in Florida with numerous corporations throughout the nation. Ship him questions on-line at www.sunsentinel.com/askpro or Adjust to him on Twitter @GarySingerLaw.