F
florida oaks
Guest
What is the name of your state?undefinedWhat is the name of your state? Florida
I have very large oak trees in my back yard that are rooted in a section of my neighbors property that is primarily wooded. One, near the property line, has been leaning toward the center of my house and is currently at about a 45 degree angle. App. 25 feet of the trunk is on the neighbors and the balance 40+/- feet overhangs my yard when viewed from the property line below.
When routinely having the trees trimmed, the tree service informed me the leaning tree is rotted on the interior and dangerous. Cutting the top portion that overhangs my yard is as costly as removing the entire tree (many thousands of dollars). In addition, accessing the tree from my property requires crossing my drain field with heavy equipment. A second service confirmed.
I approached my neighbor to ask if he would share in the cost of removal and allow access from his property. He informed me that when it falls it is my problem. He had no liability and did not want his yard or wooded area disturbed, but I should feel free to remove it and pay for it, if I desired.
I contacted my insurance agent who informed me of recent Florida legislation, where neither my neighbor's nor my insurance company may have an obligation to pay for removal or property damage, should the tree fall, because it was a neglected known danger and thus outside the 'Act of God' status.
It seems a no win for me. Very costly tree removal of someones elses tree OR many thousands of dollars in damage and inconvenience when my residence is struck, coupled with the possibility of no insurance coverage.
Can anyone explain the recent legislation as it pertains and advise me on how to put some burden on my neighbor?
I have very large oak trees in my back yard that are rooted in a section of my neighbors property that is primarily wooded. One, near the property line, has been leaning toward the center of my house and is currently at about a 45 degree angle. App. 25 feet of the trunk is on the neighbors and the balance 40+/- feet overhangs my yard when viewed from the property line below.
When routinely having the trees trimmed, the tree service informed me the leaning tree is rotted on the interior and dangerous. Cutting the top portion that overhangs my yard is as costly as removing the entire tree (many thousands of dollars). In addition, accessing the tree from my property requires crossing my drain field with heavy equipment. A second service confirmed.
I approached my neighbor to ask if he would share in the cost of removal and allow access from his property. He informed me that when it falls it is my problem. He had no liability and did not want his yard or wooded area disturbed, but I should feel free to remove it and pay for it, if I desired.
I contacted my insurance agent who informed me of recent Florida legislation, where neither my neighbor's nor my insurance company may have an obligation to pay for removal or property damage, should the tree fall, because it was a neglected known danger and thus outside the 'Act of God' status.
It seems a no win for me. Very costly tree removal of someones elses tree OR many thousands of dollars in damage and inconvenience when my residence is struck, coupled with the possibility of no insurance coverage.
Can anyone explain the recent legislation as it pertains and advise me on how to put some burden on my neighbor?