If a neighbor’s tree is hanging over your house or yard, you are within your rights to trim and cut the parts hanging over your property to the property line.
JACKSONVILLE, Fla. — A homeowner in Jacksonville’s Orange Park area is still dealing with damage a week after a neighbor’s tree fell on his property during a severe storm.
Pieces of wood laying on the side of Ortega Cove Circle are from a tree which fell across the roadway last Monday, landing in a home’s front yard, and damaging a fence, a boat, and a car.
First Coast News was at the home last Tuesday morning, the day after that tree came down during the storm. Last Wednesday, contractors with the city came and cleared the public roadway, but parts of the tree that were on private property, were left.
“I was a little surprised that they left some of the stuff that’s broken on these big trees, just roughly broken and didn’t saw it off, like you would think they would. But all in all, they, I would assume did their job,” Robert Fraizer, the homeowner, said.
Fraizer says since the tree came from a neighbor’s property, he was told he would be responsible for the cleanup and removal in his front yard. According to a local real estate and construction attorney, Fraizer wouldn’t get reimbursed for the costs.
“It’s an unfortunate thing when it happens. But Florida law takes the position that trees are from nature, and people don’t have responsibility for what happens to them,” Barry Ansbacher, an attorney with Ansbacher Law, said.
Barry Ansbacher says homeowners can reach out to their insurance company and file a claim which could help with the costs, depending on their policy.
Fortunately for Fraizer, some friends helped him chop up the tree and clean up his front yard, but as for the car, boat, and fence he’ll have to wait and see if insurance will offer a pay out.
“I’m not sure if insurance is going to help me out with that or not. Not to mention deductible for most people these days is in the ballpark of $2,600. So if you’re a homeowner even with a little damage, you’re paying,” Fraizer said.
That attorney says if a neighbor’s tree is hanging over your house or yard, you are within your rights to trim and cut the parts hanging over your property to the property line, which might save you from damage during storms.
