Hurricane Recovery: Tree Laws Guide

Understanding Florida’s Tree Laws: What You Need to Know After a Hurricane

In the aftermath of Hurricane Milton, it’s important to understand your rights and responsibilities when it comes to fallen trees and property damage in Florida. Florida’s “Tree Laws” offer guidance on who is responsible for damage, maintenance, and the handling of trees between neighbors.

Who’s Responsible When a Neighbor’s Tree Falls on Your Property?

If a healthy tree from your neighbor’s property falls onto your house during a hurricane or storm, the responsibility for damages falls on you, not the neighbor. This is considered an “Act of God,” meaning your neighbor is not liable for the damage.

However, there is an exception. If the tree was known to be unhealthy, dead, or dangerous and the neighbor did nothing to remove or trim it, then your neighbor could be held responsible. In this case, you would need to prove that the neighbor had knowledge of the tree’s condition and failed to act. This can be difficult without solid evidence, but a written warning can help. For example:

“Dear Neighbor,
I had a tree expert assess the tree on your property, and they confirmed it is dead or dying, posing a significant risk of falling and damaging my property, especially in a storm. I kindly ask that you remove or trim the tree to avoid any damage. Please note that if the tree causes damage after this warning, under Florida law, you may be held liable for the costs. Thank you.”

This type of documentation puts the neighbor on notice and protects you in the event of future damage.

What About Overhanging Branches, Roots, or Leaves?

If a healthy tree on your neighbor’s property has branches, roots, or leaves that extend into your property, the law allows you to trim them back at your expense, but you cannot force your neighbor to do so. Whether it’s fallen leaves, flowers, or fruits from their tree, your neighbor is not responsible for cleanup or damage unless the tree itself is dead or dangerous.

Final Thoughts: Know Before You Buy

If you’re purchasing a new home, take note of the trees on neighboring properties. Be aware of how they may affect your property, because you could be responsible for dealing with fallen branches or roots without help from your neighbor. It’s best to address any concerns before storms occur to avoid potential disputes.

Understanding these laws can help you protect your property and prepare for any issues that may arise during hurricane season.