Who is responsible for trimming neighbors tree branches
Attorney Tom Olsen: Mike, you're on WDBO go ahead.
Mike: Thank you. There's an oak tree in my neighbor's yard. It's right on the line. The trunk is in their yard. There's a large fence, the oak tree is dead. The canopy's probably maybe 75 feet wide. There's some large branches on my side of the fence that need to come down.
Tom: All right.
Mike: Who is responsible for pulling those down? My yard man says it's theirs. I doubt it.
Tom: Did you tell me that the branches are dead or the tree is dead?
Mike: The tree is dead.
Tom: Okay. Mike, if you put your neighbor on notice by certified mail, some kind of evidence of delivery, and your letter said something like, "Hey, this oak tree is on your piece of property, clearly it's dead. If this tree or any of its branches come down and does any damage to my car, property, house, I'm going to sue you for it," you certainly can, as long as you put them on notice.
Now, if you said, "Tom, I'm not waiting for that, I'm not willing to take that chance," remember, Mike, that you can trim any branches or roots that come over onto your side of the property. If you want to do that, you're going to be doing it at your own expense.
Mike: Okay, just being neighborly, I probably need to tell them that, that I'm taking the dead branches off.
Tom: Meaning you're willing to pay to get that done, is that what you're saying, Mike?
Mike: Yes, it's right. I don't want to-- go ahead.
Tom: Mike, another way to handle then, I think you're being very generous, but probably being very practical about this, too, is to say, "Look, let's just go ahead. This is your tree, it's your responsibility, it's dead, it needs to come down. How about if we agree to take it down you pay for half, I'll pay for half?"
Mike: I'd like to know what the price is because it's a big tree.
Tom: I get you. Well--
Mike: Very big. Yes, that's a good idea.
Tom: Find out what the price is, and you guys come to an agreement, how much you pay for how much he pays for. Knowing that legally, you're not obligated to pay for any of it, but practically, it may be the best way to get this job done quickly.
Mike: All right. Well, thank you very much.
Tom: Okay, Mike, thank you for calling. We appreciate it. Now, Christie, we're talking about a tree that is clearly dead. That's what makes the distinction here.
Christie Merrill: Exactly. I would think that maybe it would be more fair not to do a half and half, but maybe that Mike would pay like a 25%, like a percentage.
Tom: I think that's reasonable. I mean, it's a way he's doing a neighbor favor because technically Mike doesn't have to pay for anything.
Christie: Exactly. The neighbor's responsible for all of it, but it would be a very nice gesture for him to do 25%. I think it's something smaller than half, but I do think it would be a great idea for the gesture to make it happen, and you're right, in other words, this particular tree is dead.
Tom: I know Mike wants to be a good neighbor here and not ruffle any feathers, but realistically, it may be best for Mike to go ahead and do that letter saying hey, to the neighbor, "Hey, I'm putting you on notice. This tree is dead. If it comes down and does any damage to my house, car, or property, I'm going to sue you for it. I'm going to be responsible under Florida's tree law." That's a good way to start and then follow up the letter by saying, "Hey, my lawyer told me to do--" blame it on a lawyer. "My lawyer said, get this letter to you. Now let's talk about what we're going to do about it. Let's take it down. I'm going to offer to pay for some of it." Be a good neighbor.
Christie: Exactly. Start with the letter, and then go from there and really work out a solution. We're all about working out solutions.
Tom: There's oftentimes where I have to tell somebody that they have to give somebody some bad news, whether it's a neighbor or former spouse or somebody else's, and I make it easy for him, say just blame it on your lawyer. Your lawyer said do it this way.
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