QUESTION
Can I file a lien on my neighbor's property?
Asked on Nov 11th, 2024 on Slip and Fall - Florida
More details to this question:
During hurricane Helene a very large dead hickory tree fell from my neighbor's property onto my property crushing my fence and iron entry/exit gates. They do not have insurance since the land is vacant/uninhabited. Total damage $ 13,685 dollars. Prior to this incident, I complained to them about other dead trees leaning toward my guest house and they promptly had a tree company remove these trees. Unfortunately, the hurricane's high winds and the fact that the tree was severely root rotted, the tree was blown down. I would think that my neighbor having knowledge of dead tree problems in the past and addressing the issue with tree removal, surely they are neglectant in this damage to my property. Do I have a case?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Maybe - maybe not. While you view that you gave prior notice, the facts suggest that you pointed out specific tree and they removed the trees you pointed out. Unless you also pointed out that specific tree, it might show that neither you nor they were aware of any poor condition of the tree at issue. You would need a written opinion from a qualified arborist to take the position that they knew of the condition of the specific tree that fell and were negligent. The fact that a tree falls over in a hurricane is typically and "act of God" for no one is responsible. You might be better off making a homeowners insurance claim.
Answered on Nov 13th, 2024 at 11:38 AM
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