Hurricane Season starts June 1 so we are are revisiting a video that discusses tree issues and property lines. There are often questions about who is responsible when storm-damaged trees end up on a neighbor’s property. UF IFAS Escambia County Extension discusses a few common situations using legal interpretations from the UF publication HANDBOOK OF FLORIDA FENCE AND PROPERTY LAW: TREES AND LANDOWNER RESPONSIBILITY.
There are often questions about who is responsible when storm-damaged trees end up on a neighbor’s property. UF IFAS Escambia County Extension discusses a few common situations using legal interpretations from the UF publication HANDBOOK OF FLORIDA FENCE AND PROPERTY LAW: TREES AND LANDOWNER RESPONSIBILITY.
Hurricane Michael Damage – Photo Credit Larry Williams
The aftermath of Hurricane Michael has many homeowners preparing their landscapes for the upcoming season. Several have called the office in need of a home visit because they want ideas of what to replant with and how to kill the weeds that have popped up. One common question is, “What trees can I plant that are fast growing and has plenty of shade?” Before I answer their question, I ask them, “Are you planning for future storms or not?”
Trees that are considered ‘fast’ growing are not necessarily the best choice for future storms. Many of the fast growing trees can be easily uprooted, break easily in strong winds, are more prone to decay, and/or are rather short-lived (<50 years old). Additionally, a missing structural pruning plan for young and mature trees will increase the chances of fallen trees. Homeowners can expect to replant trees once again if these characteristics are likely. Keep in mind that no tree is absolutely wind-proof since other factors need to be ideal for wind-resistance. Trees like laurel oak (Quercus laurifolia), water oak (Quercus nigra), cherry laurel (Prunus caroliniana), bradford pear (Pyrus calleryana), and pecan (Carya illinoensis) are some to be cautious of when replanting for wind resistance.
A few tips for homeowners re-planting hurricane damaged trees:
After storms and when homeowners are doing “spring cleaning” around their yards, Extension agents are routinely asked about whose responsibility it is to maintain a tree along a property line. This becomes particularly important in a situation where a property owner’s tree or branch falls and causes damage to their neighbor’s home or possessions.
To clarify this often contentious issue, reference to legal experts is necessary. In a series of publications called “The Handbook of Florida Fence and Property Law,” two attorneys and a University of Florida law student explain several statutes that give us direction. The section on “Trees and Landowner Responsibility” goes into further detail and cites case-law, but for ease of reading it is summarized below.
Situation 1: Removing a healthy tree on a shared property line.
If two neighbors share a tree on their property line and one of them wants to remove it, the adjoining landowner must give their permission. Removing trees can impact property value, heating/cooling bills, or aesthetic value. Without a neighbor’s consent, the landowner cutting down a tree can be legally liable for damages.
Hurricanes can have serious impacts on trees in their path. Photo credit: Pensacola News Journal
Situation 2: Responsibility for overhanging branches and roots.
Let’s imagine a big spring storm hits your neighborhood, with tons of rain, wind, and lightning. You wake up in the morning and see that a large branch fell from your neighbor’s tree and crushed your kids’ basketball goal. If branches from the neighbor’s tree were otherwise healthy, they are not responsible for any damages resulting from the tree. If it was dead, however, and their negligence contributed to the branch falling, they will be responsible for damages.
Keep in mind that if the neighbor’s tree/branches/roots are in good health but interfering with something in your yard, you may trim them at your own expense. The same goes for your tree hanging in their yard, so while it’s not required, it’s always good to have a conversation first to let them know your plans.
After Hurricane Ivan, this tree’s root system completed uprooted and destroyed and adjacent fence. Photo credit: Beth Bolles
Situation 3: Hurricane Ana, the first big storm of 2015, blows your neighbor’s tree over, into your yard.
Just like the situation with branches and roots, the same principle goes for an entire tree falling on adjoining property—if the tree was alive, it’s the responsibility of the person whose yard it fell in. If it was dead when it fell, it’s the responsibility of the tree’s owner to pay for damages.
In a complicated situation involving property damage, the saying, “good fences make good neighbors” only goes so far. Be sure to note the health of your trees throughout the year and trim back dead or dying branches. If you see serious decay or have concerns about a tree’s health, contact your county Extension office or a certified arborist. Finally, if the circumstances aren’t easily determined, be sure to contact a licensed attorney and/or your insurance company for direction.