FLORIDA – A proposed Florida law could shift the responsibility for fallen trees from property owners who suffer damage to the owners of the trees themselves.
Under Florida’s existing property laws, commonly referred to as the “Massachusetts Rule,” homeowners are allowed to trim overhanging branches and roots from a neighbor’s tree if they cross into their property.
However, if a neighbor’s tree or shrub falls onto their property—whether due to storms, decay, or other natural causes—the homeowner is responsible for cleanup and any repairs unless they can prove that the tree owner was negligent, such as failing to remove a dead or hazardous tree…