What should you do if you think that your neighbor's tree might fall on your property?

Rick: My next door neighbor has some very large trees, and I live in Longwood,and I'm very concerned that they are going to one day maybe fall over and crush my lanai or maybe hurt my family. Other than cutting legally over my property line, what can I do legally to protect my family and my property in case anything happens in the future?

Attorney Tom Olsen: Well, you've already figured it out, Rick, that you're allowed to trim those trees that hang over your property line as long as you're reasonable about it. Rick, is the tree defective, diseased, does it seriously look like it's going to fall over?

Rick: Some of the branches do not have leaves on them so I believe there is some deadness to the branches, and they're very large branches so I'm just making sure that I'm protected in case my property or family gets injured.

Attorney Tom Olsen: Well, Rick, be aware of this. When a tree comes down by act of God, nobody had an idea that this tree might fall down or branches might fall off, then you're responsible for your own property loss even if it was you neighbor's tree. Once you know that a tree is defective or dying or dead or dangerous, you need to put your neighbor on notice by certified mail, telling him of this issue. Then if that tree comes down and does damage, or a branch, then your neighbor will be legally responsible for your financial property losses.

Rick, maybe the best way to handle this would be-- well, certainly if nothing else, write your neighbor a letter by certified mail telling him or her about this, but maybe talking to your neighbor and saying, "Hey, why don't we split the cost of an arborist to go over there and take a look at that tree and let's see what really is going on," that might be a reasonable position to start.

Rick: All right, thank you very much. I appreciate it.

Attorney Tom Olsen: Rick, if you're looking for an arborist, you let me know. Somewhere along the line I've met one and I've put him in our database, Chrissy, so I know how to find an arborist if we ever need one.