Trees can be a beautiful addition to any property, but they can also be a source of conflict between neighbors. Understanding your rights and responsibilities regarding trees on or near property lines is essential.

Let’s break down some key legal points:

Removing a healthy tree on the boundary line

If a tree trunk straddles the property line, it’s considered a “boundary tree” and belongs jointly to both property owners. Neither owner can remove the tree without the other’s consent. Doing so could result in liability for:

• Reduction in property value: Trees, especially mature ones, can significantly increase a property’s value. Removing them can have a measurable negative impact on home prices.

• Loss of ornamental value and benefits the tree provides: Shade and cooling, energy savings, privacy and noise reduction, wildlife habitat,  and stormwater management.

A Florida court case Elowsky v. Gulf Power Co. awarded damages when a boundary tree providing shade was removed without permission, recognizing the tree’s importance to the property owner’s comfort and enjoyment.

Liability for overhanging branches and encroaching roots

Branches and roots often extend across property lines, leading to potential conflicts. According to Florida law:

• Healthy branches/roots: If they are healthy, the landowner with the tree on their property is not liable for damage. However, the adjoining property owner can trim them back to the property line at their own expense.

• Dead branches/roots: The tree owner could be liable for any damage caused if they are dead.

In Scott v. McCarty, the court upheld that landowners are responsible for trimming encroaching branches or roots, reaffirming this principle.

Responsibility for fallen trees

Who is responsible when a tree falls? It depends on the tree’s health.

• Dead trees: If a dead tree falls and causes damage, the landowner where the tree was located initially is responsible for the damages.

• Live trees: The adjoining property owner is responsible if a live tree falls and causes damage.

However, it’s important to note that Florida case law isn’t entirely settled on this issue, especially regarding hazardous trees that aren’t yet dead.

When assessing damages, courts may consider:

• The tree’s species, size, age and condition

• Its location and function on the property

• Costs to replace the tree (if possible)

• Decrease in overall property value

• Loss of the specific benefits that the tree provided

Be a good neighbor

While these are the legal guidelines, the best approach is often to communicate with your neighbor before taking action. Discuss any concerns about trees near property lines and try to reach a mutually agreeable solution.