Florida tree law provides that landowners are responsible for keeping trees on their property healthy and well-maintained, and for making sure they do not become a hazard. It is quite common for trees to lead to disputes between neighbors and this article will discuss three such scenarios. First, when a neighbor’s tree falls down onto your property. Second, when a neighbor’s tree has branches or roots that encroaches on your property. Third, when a neighbor’s tree drops leaves, fruits, seeds, or flowers onto your property.
The seminal case on Florida tree law is Gallo v. Heller, 512 So. 2d 215 (Fla. 3d DCA 1987). There, the Gallos sued the Hellers because trees on the Hellers’ property were causing damages to their property. Id. There was damage to the Gallos’ roof caused by encroaching tree branches. Id. Encroaching tree roots were cracking up the Gallos’ sidewalk. Id. Leaves from the trees routinely fell on the Gallos property, which caused their dog to contract a severe allergy. Id. Finally, the trees shaded proportions of the Gallos property causing some of their landscaping to die. Id. However, the Court held:
“[T]he rule at common law and the majority rule in this country, which is followed in Florida, is that a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner’s own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property.”
Id. at 216. Under Gallo a land owner is not liable to persons outside of the property for a nuisance resulting from trees, plants, or other natural vegetation. However, neighboring land owners do have a right to trim back the vegetation, including limbs and branches, at their own expense and only back to the property line. The Gallo decision is still good Florida tree law and has been affirmed in more recent cases.
In Scott v. McCarty, 41 So. 3d 989, 989 (Fla. 4th DCA 2010) a property owner brought action against a neighbor alleging that overhanging branches and roots from the neighbor’s tree caused damage to his property. The trial court dismissed the claim. Id. On appeal the dismissal was affirmed based upon Gallo, which the Court noted still reflected the predominate view around the Country. Id.
In Balzer v. Ryan, 263 So. 3d 189 (Fla. 1st DCA 2018), the Court again addressed the situation of encroaching tree branches or roots. Based upon Gallo, the Court again held, “[u]nder Florida law, it is well-established that an owner of a healthy tree is not liable to an adjoining property owner for damage caused by encroaching tree branches or roots.” Id. at 191.
Under Florida tree law, the health of the tree determines who is responsible when that tree causes damage to a neighboring property. Gallo, 512 So. 2d at 216. As long as the tree was healthy at the time, a landowner is not liable for damage caused if the tree falls down onto a neighboring property. It may seem unfair but in this instance the neighboring property owner would be responsible for any damages caused by a healthy tree that fell down on his or her property. However, if a dead tree falls on a neighboring property resulting in damage, the person who owns the property where the tree was originally located is responsible for damages caused to a neighboring landowner.
For example, if a healthy tree on your neighbor’s property damages your roof after being blown down by a hurricane, you are liable for the damages. However, if weeks before the hurricane you notified your neighbor that a dead tree on his or her property posed a hazard, and the neighbor did nothing before the hurricane blows it onto your roof, your neighbor is likely liable for the damage.
Branches and roots frequently extend across property lines. Under Florida tree law, the health of the tree, branches, or roots, determines responsibility. Gallo, 512 So. 2d at 216. If the branches or roots are healthy, then a landowner is not liable for damages caused by branches and roots which encroach onto an adjoining property.
The adjoining landowner may, at his or her own expense, trim back healthy branches or roots that encroach onto their own property but only up to the property line. If the branches or roots are dead, however, then the landowner with the tree located on his or her property may be responsible and could be liable for damages caused by those branches or roots. 1 Fla. Jur 2d Adjoining Landowners § 8 (2014).
A neighbor’s tree does not have to physical extend onto your property to cause headaches. For example, maybe a neighbor’s tree drops lots of leaves, which litter your yard or pool. Maybe a neighbor’s tree drops flowers which discolor your driveway. If the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your property, then you have a right to trim those branches up to the property line. However, under Florida tree law, a landowner is not liable for an alleged nuisance caused by leaves, fruit, seeds, or flowers, from a tree on his or her property, that fall onto a neighboring property. Gallo, 512 So. 2d at 216.
Although it may seem like a difference in degree only, under Florida tree law, a property owner is obligated to maintain a safe premises, dead trees are considered unsafe, but is excused from landscape nuisances to adjoining/neighboring property owners caused by healthy trees on their property. Nevertheless, it is always best to try to resolve these situations in a neighborly fashion, by talking it out. If this is impossible, homeowners might be able to get assistance from their homeowners’ association or the city, which may have their own rules regarding tree maintenance that may be more restrictive.
Author Gulisano Posted on Categories Civil Litigation, Legal TheoriesAddress
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