No one wants conflict with their neighbor, yet a common point of contention seems to be yard maintenance, especially with trees. Who owns the tree? What do you do if it encroaches on your yard? What if it’s a risk to your property? Who is responsible for tree trimming in Florida? All these questions can cause tension and frustration when talking with your neighbor. Today, we’ll help relieve some of the tension by answering the questions you need to know about Florida’s tree laws!
Why Is Trimming Trees Important?
There’s a common misconception that nature will just take care of itself, and the limbs that need to fall from a tree eventually will. This is just not the case. While they may eventually fall, you’ll have no control over where they land or what damage they could do. They may not fall at all and continue to cause problems, such as debris or fall risks during storms. Professional tree trimming ensures that you have full control of your yard’s trees and that they’re not causing damage on their way down.
Who Is Responsible for Tree Trimming?
In Florida, tree trimming falls under a common sense law—essentially, if the tree’s trunk is on your property, it’s your responsibility to maintain it, trim it, and cut it if it poses a danger. The same goes for your neighbors. If they have a tree on their property, it is their responsibility to maintain it, and you bear no responsibility for it, even if it falls on your property.
What If It’s on a Property Line?
Trees along the border of a property are a little more complex, legally speaking. Usually, the ruling is that both owners of the two properties are responsible for the tree. However, this means you must be careful in what you do to the tree—always seek your neighbor’s permission before trimming it or cutting it.
The Florida court has ruled in favor of a person who was asking for property damages after their neighbor trimmed a branch of a tree on a property line that provided shade for them. With this in mind, the best course of action is for you and your neighbor to come up with a tree maintenance plan together. Perhaps split the cost or take turns year to year. Either way, both of you have ownership and responsibility over the tree, so clear, direct communication is best to maintain neighborly relations.
What If I Rent?
If you rent and tree maintenance is not written in your lease, your landlord is responsible for the trees of the property. Your lease should clearly detail your landlord’s terms and expectations if tree maintenance is included. However, since the property does belong to the landlord, you will rarely, if ever, see tree maintenance as a part of the lease.
Trees offer visual appeal to a property, but they can cause damage, so many landlords may not trust their tenants to make the right judgment calls about what maintenance needs to be done. If you have concerns about a tree on a rented property, ask your landlord if anything can be done about it and what protections are in place in case it causes damage to your rental space.
What If It Hangs Over/Encroaches Their Property?
Even if a tree that’s on your property hangs over your neighbor’s property or its roots start to reach their yard, tree trimming laws in Florida state that you are still solely responsible for the tree. In order to stay on friendly terms with your neighbors, you may want to take the time to ask them if they’d like an overhanging branch or encroaching root removed.
Keep in mind, this also means if the tree on your property is dead and causes damage to your neighbor’s property, you could be held liable for the damages. This is why it’s important to have your trees inspected and maintained, especially before storm season hits, protecting both your home and your neighbor’s.
Are There Any Exceptions?
The only time you may not hold responsibility for a tree on your property is if it falls in the road after a storm. In that case, the local government will likely care for its removal. However, if your tree is standing and blocking traffic (such as covering a stop sign), Florida courts have ruled in some cases that the tree is still the property owner’s responsibility to trim away.
I’m Worried about My Neighbor’s Tree
There may come a time when your neighbor’s tree is encroaching on your property or you’re concerned with an overhanging branch and the damage it may cause to your home. If this is the case, there are a few steps you can take:
- First, talk to your neighbor about it. See if they’re willing to have the tree inspected or trim it back. If you’re able, you could even offer to help cover a portion of the cost, but this is not your responsibility, so don’t feel the pressure to do so.
- If they refuse, make sure you have written down communication with your neighbor about the concerns you have. Clearly outline any signs of disease or rot in your correspondence. Make sure both you and your insurance have a copy of this email or letter.
- If you feel the danger is significant enough and your neighbor refuses to care for the tree, you can take them to court. The court will determine the risk of the tree and hold your neighbor responsible for maintenance if they deem your concerns valid. This should be a last resort as this will hurt your relationship with your neighbor.
- If the unfortunate happens and their tree damages your property, they can be held liable if you’ve documented their refusal to care for the tree. Take photos and document the damage. In some cases, their insurance may deem it an “act of God,” especially if it falls due to a storm. Luckily, if you have homeowners insurance, you should have coverage for any damages if your neighbor’s insurance won’t cover the fall.
Avoid Disputes with Gaston’s Tree Services
While we can’t mediate any neighborly conflicts, we can help you avoid them with our tree trimming services! From overhanging branches to helping a yard’s aesthetics, our team of arborists is trained to ensure the safety and beauty of your yard. We’re sure you’ll be pleased with the results—and so will your neighbors! Protect your home and your peace of mind today and schedule a service with Gaston’s Tree Service!