If a neighbor’s tree falls into your yard during a hurricane or tropical storm, you’re responsible for cleaning it up and paying for the damage.
But K.C. Williams, a Tampa-based attorney, said there are a few instances when the tree owner would be responsible.
"If a branch was dying, and therefore leaning on your property, and it was an imminent danger to your property, they may have some liability for damage caused,” he said.
However, he said that would be difficult to prove in a lawsuit.
A Florida Senate bill to reverse this, called the Fallen Tree Act, did not pass during the recent legislative session. It would have made a tree owner responsible for the damage their plant caused to another person’s property.
Williams suggested homeowners arm themselves with insurance that will cover tree damage to their property.
"The best thing they can do is to check their insurance policies, make sure they have adequate coverage, make sure they know what their deductibles, especially their hurricane deductibles and just make sure they have the appropriate coverage before the storm season arrives,” he said.
Hurricane season begins June 1 and will run through November.
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Some residents, like Katherine Jaudon, have had a hard time preparing their trees for a storm.
During Hurricane Milton, a branch from her oak tree fell onto a neighbor’s house in Dover. While it didn’t cause any damage, it did scare the other family. However, another branch crashed into the fence, which the neighbors ended up paying for.
Jaudon said she had tried to get the tree removed prior to the storm, but couldn’t get a permit from the county.
In Hillsborough County, residents might need a permit, depending on the tree’s diameter and where it is on the property.
A certified arborist can also determine if a tree is dangerous, which can help in the process of removing it.
After Milton, Jaudon’s tree was leaning more toward her neighbor’s yard, so she was able to get a permit to have the tree removed.
Jaudon feels there should not be a “one-size-fits-all” law that determines who is responsible for tree damage.
“I’m not one of those people who hates trees or thinks trees are more valuable than people,” she said. “I love trees, but if they’re in danger of damaging someone’s property or possibly killing someone in a home…I think property owners should be allowed to cut it down.”
She said one of her neighbors had allowed her to trim the branches of their tree that were hanging into Jaudon’s yard.
In Florida, neighbors are allowed to trim branches at their own expense from someone else’s tree that hangs into their yard. If the branches are dead, the tree owner may be responsible for damage caused by the rotting branches.
Wendy Ward, a Seminole Heights homeowner, had a Mulberry tree fall into her neighbor’s yard during Milton.
She said the neighbor was sending her text messages asking Ward to “come and clean up [her] tree.”
"They had no idea that the portion that fell on their property was their responsibility,” she said.
Ward said not enough people know that they are responsible for tree damage and clean up if it is within their property lines.
“It’s just an unfortunate event when trees go down, unless someone is just being absolutely neglectful with their particular tree,” she said.
