by Carrie Stevenson | Feb 10, 2015
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.
by Carrie Stevenson | Jan 13, 2015
Planting a tree is an excellent way to insure clean air and water in the future. Photo credit: Carrie Stevenson
Most of us begin a new year with resolutions–to exercise more, to eat right, to spend our time more productively–but few things have as many lasting impacts for the future as the simple act of planting a tree.
Arbor Day (which literally means, “Tree Day”) was founded in 1872 by J. Sterling Morton, a naturalist and journalist in Nebraska. By 1882, it was celebrated by thousands of schoolchildren nationwide, who planted trees and took care of them with their classmates. Today, millions of communities and schools celebrate Arbor Day all over the world. Trees provide endless benefits, including shade, recreation, food and building products, shade and wind protection, wildlife habitat, oxygen production and carbon dioxide uptake.
Arbor Day is typically celebrated in the United States on the last Friday of April, but as ideal tree-planting conditions differ by climate, each state has its own specific Arbor Day, as well. Winter is the ideal time to plant trees in Florida, because it allows roots to develop without expending energy on growing new leaves and shoots. Our state celebration this year is January 16th.
Many local communities in Florida hold special events around this time. Be sure to check with your local Extension office or Native Plant Society chapter to find out if they are offering free trees or public events this month. For more information on the best trees for your area, be sure to take the time to read “Native Trees for North Florida” or peruse the UF Environmental Horticulture web page.
by Carrie Stevenson | Nov 25, 2014
The Savannah holly has beautiful leaves and berries throughout the winter. Photo credit: Carrie Stevenson
As the holiday season comes upon us, many folks will be spending their weekends scouring tree farms and mall parking lots for the perfect Christmas tree. There are many very realistic-looking options for artificial trees these days, and they are a great way for families to reduce waste by reusing the same tree year after year. However, a live Christmas tree brings greenery inside, smells wonderful, and provides a central focus for many of our holiday traditions. Many cut trees will last over a month with good watering, but when the holidays are over, what do you do with your tree?
Many cities and counties offer a Christmas tree recycling program, in which trees can be left at drop-off sites or on the curb for pickup. Most municipalities turn the trees into mulch and use it at public facilities. Many individuals reuse trees by placing them in lakes or other water bodies as fish habitats, creating reefs for hiding and nesting. However, be sure and check with local environmental agencies before placing trees under water. If you own a good bit of land or a wooded area, you can lay your old tree out for small mammals and birds to use as shelter. It will eventually biodegrade and add nutrients to the soil. Be sure that if you take advantage of any of these recycling options that you remove all ornaments, tinsel, or other decorations which could be hazardous to animals and/or wood-chipping machines.
There is an option to truly keep your tree evergreen—a live Christmas tree! Many retailers sell potted trees that can be brought inside and decorated, then planted outside after the season is over. One of the plants often associated with this festive time of year is holly, which is an excellent choice for evergreen color throughout the year. There are many native varieties, such as yaupon holly for drier areas and myrtle-leaved holly for wetlands. Hollies are typically used as shrubs in the landscape, although many species can grow into small trees if allowed; the East Palatka holly can be as tall as 45 feet at maturity! Hollies are also an excellent food choice for attracting birds, and the shrubs work wonderfully as a natural screen. While their branches aren’t quite as sturdy as some of the northern varieties, native Atlantic white or Eastern red cedar–or even some local pines–are also excellent evergreen species that can be used.
A live tree or one planted and decorated outdoors is a wonderful way to commemorate a special Christmas and help provide wildlife habitat year-round.
by Carrie Stevenson | Nov 4, 2014
I recently met with a group of community volunteers who are interested in providing more butterfly habitat in our public areas. Monarchs migrating to Mexico this time of year use northwest Florida as a stopover and feeding site, but if host plants are unavailable they cannot sustain a healthy population. In addition, Gulf fritillaries, buckeyes, and swallowtails are spending time in local butterfly gardens, feeding on passion vine, butterfly bush, milkweed, and more.
The grassy area between this stormwater pond and woods is an ideal location for a butterfly garden. Willows growing along the edge attract butterflies already. Photo credit: Carrie Stevenson
The volunteers and several county staff visited three publicly-managed stormwater ponds, which are an ideal setting for what some proponents term “Butterflyscaping.” The open space, water source, and diversity of plants along the edge of the ponds lend themselves well to wildlife habitat.
The permanently wet detention pond lined with cypress trees and sawgrass also provides habitat for fish, birds, and reptiles. Photo credit: Carrie Stevenson
When considering adding vegetation to a neighborhood common area, there are several things to consider. First is maintenance. If there’s an annual contract with a landscaping company to mow or maintain an area, you’ll want to have a discussion about excluding the new planting area from mowing to establish new vegetation. You’ll also want to look at the soil and amount of sunlight to determine the best plant choices for the area.
A variety of groundcovers, flowering plants, shrubs and small trees will typically provide food for both caterpillars and adult butterflies. Once established, these new landscape additions will not only provide habitat and color, but may end up reducing maintenance costs as well.
For more information, the UF publication “Community Butterflyscaping” is an excellent resource for landscape design, plant choices, and practical steps toward getting started with a neighborhood or schoolyard project.
by Carrie Stevenson | Sep 30, 2014
Last week, the Okaloosa County Health Department issued a rabies alert after three bats were determined to have the illness. A “drive-through” rabies vaccine clinic was organized for pets, and warnings were issued throughout the region about making contact with wild animals. One radio broadcast played an interview in which a health department staffer urged people “not to attract wildlife to your yard.” While they were focusing on unsecured trash and pet food, I found this advice unsettling, for as an Extension Agent I’ve promoted the practice of attracting wildlife to yards for many years—birds, butterflies, and even (especially) bats. Raccoons, not bats, have the greatest incidence of rabies (based on data collected from 1992-2011), by a factor of almost seven times that of bats. In the scare of a rabies outbreak, it can be easy to overreact or overlook the many benefits that wildlife provide to our neighborhoods.
There are, of course, practical ways to go about living with wildlife without endangering your health or that of your family and pets (including making sure pets have the rabies vaccine).
Use Caution around Injured Wildlife
Most wildlife rescue organizations do not have the staff to pick up injured animals and ask those who find one to bring them in. However, sick or injured animals may respond aggressively as an intuitive protective measure. If you are taking an animal to a wildlife rehabilitator, be sure to approach it gently and use a blanket or large towel to pick up the animal, and place it gently in a box with a ventilated lid. Great information on responding to injured or deserted animals can be found at the Wildlife Sanctuary of Northwest Florida website. Keep in mind that bats are flying animals and spend almost no time on the ground. They do not chase people and are primarily concerned with catching insect prey. If you find a bat on the ground, it is most likely sick. County animal control or private wildlife responders can also help if you are concerned about interacting with a sick animal.
These twin Seminole bat pups were found on the ground with their mother and nursed back to health at the Wildlife Sanctuary of Northwest Florida. Photo credit: Carrie Stevenson
Use Care When Retrieving Dead Animals
When bird flu, West Nile or rabies hits an area, health departments sometimes ask that suspect animals be reported for testing to confirm the cause of death. Even if you are just disposing of the animal, be sure to use gloves and place the animal in a sealable plastic bag to prevent spreading germs, and wash your hands after handling it. If burying, place at least three feet deep and away from wells or water sources.
Enjoy Wildlife from a Distance
Disturbing healthy animals while they are feeding or resting can cause unnecessary stress and reduce their hunting success. Animals’ natural behaviors are fascinating to watch, so be sure and do so from a respectful distance to allow them to interact normally with their environment.
