Q&A: Who is liable for tree falling?

We have a huge pine tree on the fence line between us and our neighbors.

The storm has partially uprooted the tree, leaving it at about a 70-degree angle hovering over the neighbors’ yard, pool and house. What is the insurance liability here? I’ve heard that the person whose house is hit by a falling tree is the one whose insurance will cover. But who is responsible for the cost of cutting down a tree that is merely hovering?

A: Probably your neighbors, according to Alan Oyler, deputy director of public works for the city of Orlando. The city’s risk-management team, advised by attorneys, drafted an opinion on the liability issue, which Oyler put in terms we all can understand.

“Property lines create a magic box. Inside that box the property owner is responsible for what happens. Example: A tree in your neighbors’ yard falls onto your property and smashes your car or house. Once the tree crosses the magic line into your box, it becomes your problem. Whatever is inside your box is covered by your insurance.”

The sides of the magic box extend vertically, Oyler said, so a neighbor’s tree hovering over your house in the air space of your magic box is your problem. The same principles apply to trees on public property which fall onto private property, he said.

The city of Winter Park takes a similar position on liability, with one difference. A property owner who has been put on notice that, say, a diseased tree on his property poses a danger could be liable if that tree later falls and damages surrounding property.