Select Page
Property Law and Tree Damage

Property Law and Tree Damage

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

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

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.

Avoid Crapemyrtle Mutilation

Avoid Crapemyrtle Mutilation

Figure 1. Topping is the drastic removal of large-diameter wood (typically several years old) with the end result of shortening all stems and branches. Topping is not recommended for crapemyrtle.

As the holidays fade and the New Year begins, we often see crapemyrtles being “mutilated” from improper pruning: main stems that are several years old are cut back, often leaving branch stubs 2 – 5 inches or more in diameter. This form of crapemyrtle mistreatment goes by various names, including topping, heading, stubbing, rounding, dehorning and (my favorite) “crape murder”.

Whatever you call it, topping a crapemyrtle is almost always unnecessary. Over the years, many people viewed this type of improper pruning and unthinkingly perpetuated the practice in their own yards, not realizing the unfortunate consequences.

Research at the University of Florida found that topping crapemyrtle delays flowering up to one month. For example, unpruned trees may begin flowering in June whereas topped trees begin flowering in July. This research also found topping reduced the number of flowers and shortened the flowering season. Finally, topping stimulated more summer sprouting from roots and stems. Sprouting results in greater maintenance since sprouts are usually removed to maintain an attractive plant appearance.

Figure 2. With proper cultivar selection and placement in the landscape, crapemyrtle develops into a beautifully shaped tree that rarely needs pruning. This crapemyrtle is Red Rocket®.

Figure 2. With proper cultivar selection and placement in the landscape, crapemyrtle develops into a beautifully shaped tree that rarely needs pruning. This crapemyrtle is Red Rocket®.

If a crapemyrtle is located where it requires routine pruning to fit into its surroundings (for example, under the eave of a roof), it should be replaced with a smaller growing crapemyrtle. A dwarf crapemyrtle (maturing at a height of 5 feet) would fit this location well. Medium crapemyrtle cultivars (growing up to about 15 feet in height) and tall or tree-size crapemyrtle cultivars (often growing 20 – 30 feet tall in 10 years) are best reserved for open areas.

Crapemyrtle thrives under full sun conditions in areas with ample room for the cultivar size and away from walkways and roads. Proper selection of crapemyrtle cultivar and proper placement in the landscape can result in a low maintenance crapemyrtle without the need for significant pruning.

For more information, please see Crapemyrtle Pruning.

 

 

 

How Dead Trees Benefit Wildlife

How Dead Trees Benefit Wildlife

This dead oak tree was trimmed up to make it neater.  It is ready for wildlife!  JMcConnell, UF/IFAS

This dead oak tree was trimmed up to make it neater. It is ready for a wildlife resident!   Photo: JMcConnell, UF/IFAS

One of the management issues that any landowner will face at some point is what to do when a tree dies in the landscape.  The logical response is “cut it down,” but depending on the location and the size of the tree, that may not be necessary and you could be removing potential wildlife habitat.

With any other major decisions about your landscape, always consider safety first.  If the tree is in a location where it could damage property or cause harm to people or domesticated animals then it should be properly removed.  But what about those trees that are along wood lines or in the far reaches of the yard and not threatening person or property?

Consider leaving the entire tree or modifying it to make it more aesthetically pleasing yet still useful to wildlife.  Weak branches or unstable tops may be removed to make the snag less of a risk or to look a little neater.

Some examples of animals that may use dead trees in the landscape are birds, bats, squirrels, frogs, and lizards.  Besides the obvious cavity dwelling creatures such as woodpeckers, owls, and bats that are attracted to decaying trees, other animals will be drawn for other reasons.  Dead trees in the landscape will become inhabited by insects and fungi which are terrific food sources for birds, mammals, amphibians, and reptiles!

To learn more about providing wildlife habitats in your landscape, please see the EDIS publications listed below or contact your local extension office.

Helping Cavity-nesters in Florida

A Birds-Eye View: How Birds Select Habitat

Dead Wood: Key to Enhancing Wildlife Diversity in Forests

 

Start the Year Off Right — Plant a Tree!

Start the Year Off Right — Plant a Tree!

Planting a tree is an excellent way to insure clean air and water in the future.  Photo credit: Carrie Stevenson

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.

 

Those Falling Leaves Are Useful

Those Falling Leaves Are Useful

This is the time of year when leaves are turning shades of yellow and red and falling from the trees. And this spurs homeowners to get out there with their rakes and rid them from their lawns. This is a good practice as too many leaves will shade out the grass and decrease the quality of the lawn come next spring. So, go ahead and rake them up. However, think about using as many as you can as mulch in other parts of your yard.

Leaf mulch

Leaves as mulch. Photo credit: Mary Derrick UF/IFAS Extension.

Leaves can be placed as mulch in landscape beds “as is” or chopped up with your mower or shredder into finer pieces and then spread around perennials, shrubs and trees. When chopped up or shredded, they tend to stay in place much better and don’t blow around when it gets windy. As the leaves break down over time, their nutrients are released and become available; that’s free fertilizer for your landscape plants. Leaves as mulch do have a natural look in the landscape, so if you prefer a more formal or polished look, you can spread a thin one-inch layer of a commercial mulch over the leaves.

Organic mulches (those made from plants) offer many benefits. They add organic matter and improve soil fertility as they decompose, thus reducing the need for added fertilizers. Mulch helps to maintain soil moisture so less frequent irrigation may be needed. Soil-borne disease can also be prevented as the soil does not splash up on the bottom leaves of plants during periods of rain. One of the favored reasons to use mulch is to prevent weeds in your landscape beds. And, of course, mulch is much prettier to look at than bare ground!

So how deep should you apply mulch? University of Florida experts advise a 3 to 4 inch layer of mulch around shrubs and trees. However, keep mulch from setting against the stems and trunks as that can cause moisture and pests to adversely affect them. Place just a thin one-inch layer of mulch over the rootballs of your plants.

Using leaves as mulch recycles a natural resource and saves you money, enriches your soil, fertilizes your plants and keeps them out of the local landfill.

For more information:

Landscape Mulches: What Are The Choices in Florida?

Mulch Recommendations

 

Trees with Winter Appeal

Trees with Winter Appeal

From about mid November or December to March, deciduous trees have little to no foliage making us more aware of their shapes, forms and barks.

Here are a few trees to consider for adding winter appeal to your landscape.

Gary Knox, UF/IFAS Horticulturist, describes the crapemyrtle’s winter interest perfectly in his publication, “Crapemyrtle in Florida.” Knox writes, “When the leaves fall in winter, the crape myrtle becomes a living sculpture. The trunk and branches of tree-form plants have an attractively gnarled, sinuous character with smooth bark. Strips of bark peel off (exfoliate) in early summer to reveal mottled new bark ranging in color from pale cream to dark cinnamon to rich brown to bright orange.”

Here are some recommendations for crapemyrtles with attractive bark. ‘Acoma’ is an outstanding semi-dwarf hybrid reaching a mature height of 10 to 15 feet that has creamy beige bark and snow white flowers. ‘Apalachee’ is another outstanding selection with cinnamon orange bark and light lavender flowers. Its mature height is about 20 feet. The cultivar ‘Osage’ produces dark orange bark and medium pink flowers with a 20-foot mature height. ‘Fantasy’ is a large maturing variety growing to more than 20 feet tall with outstanding red orange bark and white flowers. More cultivars are listed in Knox’s publication available at http://edis.ifas.ufl.edu/MG266.

River birch is another tree with unusual papery peeling bark. The cultivar ‘Heritage’ is the closest to a paper white birch that will tolerate our hot summers. Expect a river birch to reach 40 to 50 feet in height and 25 to 35 feet in width.

Cultivars of Ulmus parvifo

Apalachee Crapemyrtle Bark Photo Credit: UF/IFAS

Apalachee Crapemyrtle Bark Photo Credit: UF/IFAS

Drake Elm Bark Photo Credit: UF/IFAS

Drake Elm Bark Photo Credit: UF/IFAS

lia, Chinese elm, provide winter interest. “The showy, exfoliating bark reveals random mottled patterns of gray, green, orange and brown, adding great textural and visual interest, especially to its winter silhouette,” writes Ed Gilman, UF/IFAS Horticulturist, in his factsheet on Chinese Elm. This and other tree factsheets are available at http://hort.ifas.ufl.edu/woody. ‘Drake’ and ‘Allee’ are two popular Chinese elm cultivars. Chinese Elm can reach 80 feet in height but is more often seen at 40 to 50 feet with an equal spread.

American Hophornbeam, Ostrya virginiana, is an underused tree that grows to about 50 feet in height. Its grayish bark peels off in longitudinal strips revealing orange patches underneath.

Acer buergeranum or trident maple is a small, underused and hard to find tree. It usually is seen with multiple stems originating fairly low on the trunk giving the small tree a bushy appearance. It has noticeable orange-brown peeling bark.