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falling tree on private road

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dixximoon

Junior Member
What is the name of your state (only U.S. law)? FLORIDA
We bought some property that has a private road running through part of it & the rest runs through another persons land. People are always driving through the road traveling across my property. Right now we don't mind but thinking about what if a tree was to fall on them while driving through our property. Would they be able to sue us since we allow them to use the road or would that be a act of God? People ride 4 wheelers etc through there as well.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? FLORIDA
We bought some property that has a private road running through part of it & the rest runs through another persons land. People are always driving through the road traveling across my property. Right now we don't mind but thinking about what if a tree was to fall on them while driving through our property. Would they be able to sue us since we allow them to use the road or would that be a act of God? People ride 4 wheelers etc through there as well.
What does your deed say about the easement?
 

FarmerJ

Senior Member
If you have any diseased trees or trees that are clearly dying a wise choice would be to limit your liability by cutting them down because just by chance say this private road is actually a recorded easement to another adjacent lot and they notice you have some dead or dying trees and then send to you a letter to notify you of this situation and by odd chance of things tree that they notified you of crashed on them or say a vehicle before you could have the trees health evaluated, id think by not taking down trees that are not healthy you would be improving the odds of them suing you and wining. BUT if you have trees that are not healthy and take them down before they crash on anything then with any remaining healthy trees that may be say uprooted via tornado or other storm or broken by severe wind your argument might successfully become ` act of god- act of nature caused the damage ` im facing same basic thing reducing risk by taking down a massive pine ( that tree is as tall as my silo ) out front that could crash the house the same way its healthy tree neighbor did a few years ago during a straight line wind storm, since that tree is beginning to look less healthy ( it will stink taking it down due to how it somewhat helps shade the house for a portion of the evening as well as shading the area that the dog is in)
 

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