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Gary M. Singer
Q: My neighbor has a big tree up in opposition to our fence with branches hanging over our facet of the property line. A storm knocked the tree over, damaging the nook of our roof and destroying our pool pump. Who’s chargeable for the injury? Who’s chargeable for eradicating the fallen tree? — Tomas
A: I get many tree-related questions every fall, which supplies a wonderful alternative to evaluation the regulation in my annual tree column.
With regards to timber crossing a property line, the regulation requires the affected property proprietor to guard their property by responsibly trimming the components of the tree crossing the border. Nevertheless, the trimming have to be executed rigorously so it doesn’t injure the tree.
As a result of it’s the affected proprietor’s accountability to guard their property, if a wholesome tree falls or loses a limb in a storm, the accountability for the restore will fall on the neighbor whose property was broken.
That mentioned, the regulation is not going to defend a tree proprietor who doesn’t keep his tree. If the tree that fell in your property was unhealthy, your neighbor who owns the broken tree could be liable to pay for the repairs to your property.
If the tree is wholesome, you’ll need to have it eliminated. If it was not, it will be your neighbor’s accountability.
Both method, you’ll need to take essential measures to reduce the injury, akin to tarping your roof.
As a result of your home-owner’s insurance coverage coverage could present safety for any such storm injury, you must communicate along with your agent and make a declare.
In case your insurance coverage firm pays for the repairs, it’s going to need the best to hunt reimbursement out of your neighbor and should attempt to acquire the damages brought on by an unhealthy tree from them. That is referred to as “subrogation” and is a proper given to insurance coverage corporations in most, if not all, of the insurance coverage insurance policies I’ve reviewed.
Gary M. Singer is a Florida lawyer and board-certified as an professional in actual property regulation by the Florida Bar. He practices actual property, enterprise litigation and contract regulation from his workplace in Dawn, Fla. He’s the chairman of the Actual Property Part of the Broward County Bar Affiliation and is a co-host of the weekly radio present Authorized Information and Evaluate. He steadily consults on common actual property issues and tendencies in Florida with numerous corporations throughout the nation. Ship him questions on-line at www.sunsentinel.com/askpro or observe him on Twitter @GarySingerLaw.
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