What Is the “Fallen Tree Act” in Fort Lauderdale?

Neighbors have been arguing about trees for thousands of years. A common dispute among neighbors involves a tree falling from one property into another. Who is responsible for the damage? How does this affect property insurance claims in Fort Lauderdale – and can an experienced lawyer help you make sense of this mess?

The Fallen Tree Act Could Lead to Major Changes for Fort Lauderdale Residents 

The Fallen Tree Act is a new law proposed by Florida lawmakers. If it passes, it could change the way fault is determined for falling trees. Under current law, the property owner who sustains the damage is always financially responsible for the repairs – even if the tree fell onto their property from someone else’s yard.

The Fallen Tree Act could change this. If the law passes, a property owner would be responsible for damage caused by trees that topple over from their properties. For example, a homeowner’s tree might fall from their yard onto the house of their neighbor. If the law passes, the first property owner would be responsible for repairing their neighbor’s roof. This proposed change has certainly stirred up controversy across Florida – and many critics are not happy.

Why the Fallen Tree Act Could Help You Minimize Insurance Issues

 Although this proposed law certainly has its fair share of critics, it could benefit many homeowners in Fort Lauderdale. Assuming it passes, the Fallen Tree Act would give you more control over what happens on your property. If you wanted to protect your home from potential tree damage (before a major storm, perhaps), you could cut down all problematic trees and overhanging branches. When the work is done, you would be able to rest easy knowing that if your neighbor failed to take similar steps, they will be financially responsible for any damage that your home sustains.

The new law would also allow you to cut down trees and shrubs that lie on the boundary or property line between homes. You might not need to get your neighbor’s permission to do this, allowing you to take considerable preventative steps before the arrival of a major storm.

Why This New Law Could Be a Problem 

Critics point out that under the previous law, a toppling tree was considered an “act of God” – even if it fell from one yard into another person’s property. Because this new proposed law would specify liability with greater clarity, it could potentially cause property insurance issues – or even denied claims. This may be something you need to discuss with your property insurance lawyer – especially if this law passes.

 Can a Property Insurance Lawyer in Fort Lauderdale Help Me? 

At Geyer Fuxa Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.

Sources: 

moneywise.com/insurance/home/floridas-fallen-tree-act-could-shift-storm-damage-liability-what-homeowners-should-know-and-how-to-prepare-financially-for-unexpected-property-damage

tallahassee.com/story/news/politics/2025/03/10/florida-fallen-tree-act-liability-property-owner-damages/82223741007/