Tree over the property line

[STEPHAN]

What is the name of your state? Florida

Hi! I need some advice and want to ensure my understanding of the law is correct.

We had a substantial portion of a giant tree that has its stem on our side of a rental-property fall in a storm. The tree looked very healthy, so no one predicted this. Luckily the tree fell between the two houses, so there was no real damage besides a bit of fence. The debris is about 50% on each side. I have quotes between $1300 and $2400 from professional tree companies to remove the debris.

I spoke to the neighbor; she is currently in a different state. She was friendly but refused to contribute to the cost of removing it. She wants to take her chainsaw and handle it herself. That is, of course, her right. She only saw my pictures, so I do not believe she understood how high the tree was.

So, is it correct that she has to handle what fell on her side?

Also, there is some portion of the tree left. It is about 50% over her house and 50% over ours. Everybody recommended taking it down asap. Hurricane season is around the corner. The neighbor said this is our problem, not hers. We need a crane over both houses if we want to take it down. We can not take down just our side.

Our tenants are frightened that the remaining part might fall on the house. (Their family owns a big tree company, but we will use a different one, also fully licensed and insured.)

Is the neighbor responsible for part of the cost of taking down the tree? I have quotes between $1100 and $2100.

If I decide to take over the cost fully, I assume I need her permission to use the aerial space over her house. Can I force that permission?

 

[quincy]

What is the name of your state? Florida
...
We had a substantial portion of a giant tree that has its stem on our side of a rental-property fall in a storm. The tree looked very healthy, so no one predicted this. Luckily the tree fell between the two houses, so there was no real damage besides a bit of fence. The debris is about 50% on each side. I have quotes between $1300 and $2400 from professional tree companies to remove the debris.

I spoke to the neighbor; she is currently in a different state. She was friendly but refused to contribute to the cost of removing it. She wants to take her chainsaw and handle it herself. That is, of course, her right. She only saw my pictures, so I do not believe she understood how high the tree was.

So, is it correct that she has to handle what fell on her side?

Also, there is some portion of the tree left. It is about 50% over her house and 50% over ours. Everybody recommended taking it down asap. Hurricane season is around the corner. The neighbor said this is our problem, not hers. We need a crane over both houses if we want to take it down. We can not take down just our side.

Our tenants are frightened that the remaining part might fall on the house. (Their family owns a big tree company, but we will use a different one, also fully licensed and insured.)

Is the neighbor responsible for part of the cost of taking down the tree? I have quotes between $1100 and $2100.

If I decide to take over the cost fully, I assume I need her permission to use the aerial space over her house. Can I force that permission?

By “stem” you mean “trunk,” correct?

If the trunk of the tree is on your property, it’s your tree. You can cut it down.

Storm damage can be cleared up by the homeowner whose property has the damage, absent any negligence that requires a negligent homeowner to take care of the cost and repair of all of the damage. If the tree limbs fell on both properties, you take care of your tree limbs and the neighbors take care of their tree limbs.

 

[stealth2]

When I've been in a similar situation, I've handled the portion of the tree on my property (and if the tree people needed to go onto another property, I've simply informed the neighbors when), and had any damage (fence, etc.) taken care of. Debris on the neighbor's property was on them (although, my tree guys often just scooped it up).

ETA: About a year ago, I was having some tree-trimming done (Pine trees on my property line) when I realized - to my horror - how badly many of the branches had overgrown into the neighbor's backyard. I let her know that I was having the trees trimmed, and the tree company would need to access her yard on (date) to trim the overgrowth on that side. It was the neighborly thing to do.

 

[Ohiogal]

What is the name of your state? Florida

Hi! I need some advice and want to ensure my understanding of the law is correct.

We had a substantial portion of a giant tree that has its stem on our side of a rental-property fall in a storm. The tree looked very healthy, so no one predicted this. Luckily the tree fell between the two houses, so there was no real damage besides a bit of fence. The debris is about 50% on each side. I have quotes between $1300 and $2400 from professional tree companies to remove the debris.

I spoke to the neighbor; she is currently in a different state. She was friendly but refused to contribute to the cost of removing it. She wants to take her chainsaw and handle it herself. That is, of course, her right. She only saw my pictures, so I do not believe she understood how high the tree was.

So, is it correct that she has to handle what fell on her side?

Also, there is some portion of the tree left. It is about 50% over her house and 50% over ours. Everybody recommended taking it down asap. Hurricane season is around the corner. The neighbor said this is our problem, not hers. We need a crane over both houses if we want to take it down. We can not take down just our side.

Our tenants are frightened that the remaining part might fall on the house. (Their family owns a big tree company, but we will use a different one, also fully licensed and insured.)

Is the neighbor responsible for part of the cost of taking down the tree? I have quotes between $1100 and $2100.

If I decide to take over the cost fully, I assume I need her permission to use the aerial space over her house. Can I force that permission?

The tree was on your side? The trunk? What part fell? The tree on your side is yours to take care of. Not 50% hers. If the part that fell started on your side prior to falling, that is also your cost.

 

[quincy]

The tree was on your side? The trunk? What part fell? The tree on your side is yours to take care of. Not 50% hers. If the part that fell started on your side prior to falling, that is also your cost.

Not if the “live” (healthy) tree limbs fall as an act of nature.

https://edis.ifas.ufl.edu/publication/FE962#:~:text=If a Olive falls,is responsible for any damages.

 

[Ohiogal]

Not if the “live” (healthy) tree limbs fall as an act of nature.

https://edis.ifas.ufl.edu/publication/FE962#:~:text=If a Olive falls,is responsible for any damages.

From that site:

However, there is no case law discussing the live/dead tree distinction discussed in Florida Jurisprudence. Florida Jurisprudence is not binding authority and a court may disregard it when adjudicating a case. Under a negligence theory, one could argue that a dead tree is a hazard that could cause foreseeable damage to a neighboring property. In other words, it is foreseeable that a dead tree will fail (especially during a storm), which creates a common law duty of care to remove the dead tree to in order to prevent damage to neighboring property. Under this theory, the duty to remove trees may not be limited to dead trees, but may also include live trees with a high risk of failure such as trees with co-dominant leaders and girdling roots. As of this writing, there is no case law on point discussing the duty owed by landowners to remove dead/hazardous trees to prevent damage to neighboring landowners. It will be up to future courts to decide this point.

A case touching on this lack of precedent is Balzer v. Ryan, 263 So.3d 189, 191 (Fla. 1st DCA 2018), which considered “whether the adjoining property owner is liable to the tree owner when the self-help remedy authorized by Gallo causes damage to the tree.” As the court noted, there is “no Florida case addressing the issue.” Id. In the absence of controlling precedent, the First District upheld the circuit court’s ruling that Balzer “had no cause of action . . . if the tree was damaged when Ms. Ryan exercised her ‘privilege’ to cut the roots encroaching onto her property,” even though cutting the roots “undermined the tree’s structural integrity and increased the risk that the tree might someday fall” on Balzer’s house. Id. at 190-91. Still, there remains is no case law on point discussing the duty owed by landowners to remove dead/hazardous trees to prevent damage to neighboring landowners.

Basically OP should not expect that his neighbor has to pay anything.

 

[Zigner]

From that site:


Basically OP should not expect that his neighbor has to pay anything.

I don't believe that this indicates that the neighbor won't be responsible for cleanup when a perfectly healthy tree with no (rather, very little) risk of failure" (or the branches of that tree) is blown over onto their property during an extreme wind event.

 

[adjusterjack]

Is the neighbor responsible for part of the cost of taking down the tree?

No. Your tree, your cost.

I assume I need her permission to use the aerial space over her house. Can I force that permission?

As long as the crane truck doesn't go on to her property you don't need permission though a courtesy call letting her know what's happening should suffice.

The crane company will be liable for any damage to her property during the process and they have liability insurance.

If she makes a claim against you for any damage, turn it over to your homeowners insurance and they will handle it.

 

[quincy]

The company you hire to remove the tree should be licensed and insured and the company should have permission to enter onto the neighbor’s property to remove that part of the tree that cannot be removed safely or adequately from your own property.

The cost to remove the tree and to repair any damage caused to the neighbor’s property during the tree removal is on you (your insurance) and on the company you hire (their insurance).

You should have a certified arborist assess the condition of the tree prior to removal and present this assessment to your neighbors, especially if your neighbors are reluctant to, or refuse to, allow the tree removal service onto their property.

The limbs that are already down on the neighbor’s property due to the storm can be dealt with as the neighbor chooses.

You can consult with an attorney in Florida if you are concerned that your actions to remove the tree might lead to a lawsuit. I would think that your neighbors would be happy to have you remove the potentially dangerous tree.

 

[adjusterjack]

The company you hire to remove the tree should be licensed and insured and the company should have permission to enter onto the neighbor’s property to remove that part of the tree that cannot be removed safely or adequately from your own property.

The crane truck might not have to be on either property. It could be on the street and the crane arm long enough to reach the top of the tree where branches can be safely cut and removed.

Something like this.

BIK TC-98 Grapplesaw Truck Mecanil SG220 - remote control tree removal (2022) - YouTube

Awesome. Nice music, too.

 

[quincy]

The crane truck might not have to be on either property. It could be on the street and the crane arm long enough to reach the top of the tree where branches can be safely cut and removed.

Something like this.

BIK TC-98 Grapplesaw Truck Mecanil SG220 - remote control tree removal (2022) - YouTube

Awesome. Nice music, too.

That’s certainly not equipment typically operated by your ordinary small town tree removal service ... but it’s impressive. And keeping the equipment on the street eliminates one possible problem.

I actually think a better choice of music for the video would be “The Trees” by Rush. Lyrics fit.

 

[STEPHAN]

I will try to get the neighbor's agreement on the tree removal above her house.

However, I believe I would violate her aerial rights if I did the work without her permission.

 

[quincy]

I will try to get the neighbor's agreement on the tree removal above her house.

However, I believe I would violate her aerial rights if I did the work without her permission.

Where are you getting the information on “aerial rights” for tree removal? Aerial rights (typically) apply to aviation (e.g., drones, airports).

You should inform the neighbor that you plan to cut down your tree. Show your neighbor the arborist’s assessment. Tell your neighbor that the tree service might need to access his/her property to complete the job.

 

[Bali Hai Again]

Depending on the type of tree, you might offset some of the cost if you are able to sell it for firewood. If you cut and split yourself about $500 per full chord in my area.

 

[stealth2]

Depending on the type of tree, you might offset some of the cost if you are able to sell it for firewood. If you cut and split yourself about $500 per full chord in my area.

Seasoned or unseasoned? Delivered or undelivered? No way would I pay that much for unseasoned wood, delivered or not.