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Tree Root Damage, Who is Responsible?

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Q: I live in a gated homeowners’ association.  Roots from a tree planted on the common area has damaged my driveway.  Who is responsible for the repair? (J.K., via e-mail)

A:Probably you.

There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence.

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