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Florida's Fallen Tree Law: Your Problem, Not Your Neighbor's
9 Oct
Summary
- Florida homeowners must cover damage from fallen neighbor's trees.
- Proposed bills to shift tree liability were withdrawn last year.
- Review home insurance for exclusions like flood and hurricane deductibles.
As Hurricane Isaias threatened the Florida Panhandle and Big Bend regions, residents were reminded of the state's "no-fault" approach to fallen trees. Under current Florida law, if a neighbor's tree falls onto your property, you are responsible for the cleanup and repairs. This also means dealing with potential insurance premium increases or cancellations.
Two bills in the previous legislative session aimed to change this by shifting liability to the tree's owner. However, these proposals were indefinitely postponed and withdrawn in May 2025. This leaves homeowners responsible for damages and emphasizes the need to proactively check home insurance policies.
Homeowners are advised to thoroughly review their insurance policies, particularly the "exclusions" section, to identify any gaps in coverage. Standard policies typically cover wind damage but may have separate deductibles for hurricanes. Flood damage is usually excluded and requires a separate policy. Documenting your home's condition with photos and videos before a storm is crucial for insurance claims.
