Q: I read your recent tree article and want to know how I can protect myself? _ Bob
Q: My neighbor has a tree near the fence, and the roots are intruding in my yard and ruining the fence. What can I do? _ Jay
Q: I do not think the law is fair that I have to pay for damage caused by my neighbor's trees! Where the trunk lies, so should the liability. _ Betty
A: I received these questions and many more in response to my recent tree article. I decided to use this space to review the law with you and clear up any confusion.
The owner of a tree is responsible for keeping it healthy and well-maintained, and for making sure it does not become a hazard to neighbors. As long as the owner does this, he or she should not be liable if the tree falls and damages a neighboring property during a storm or other unforeseen event.
If the tree is genuinely on the boundary line between two lots, it becomes the property of both owners, who are jointly responsible for its maintenance and cannot remove it without the other's consent. While we are on the subject of removing a tree, it is a little-known fact that most municipalities require a permit to take down a tree and will levy significant fines for not getting one.
Your neighbor is not liable to you for living branches or roots intruding onto your property, but you can trim them back to the property line, at your expense. However, if doing so damages or kills the tree, you may be responsible. If the branches or roots are already dead, it is your neighbor's responsibility to remove them, and if he or she does not, and your home is damaged, your neighbor could be on the hook.
It is always best to try to resolve these situations in a neighborly fashion, by talking it out. If this is impossible, try looking to your homeowners' association or city for assistance.
Finally, make sure that you have good hazard insurance that covers tree damage, even if your mortgage is already paid off.___
ABOUT THE WRITER
Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
