The ‘Fallen Tree Act’: What It Means for Homeowners in Volusia and Flagler Counties
As a homeowner in Volusia and Flagler counties, you may already know that tree maintenance is essential for the health of your property. However, a new bill currently making its way through the Florida legislative session could change the way tree disputes are handled in the state. The Fallen Tree Act (HB 599), if passed, would no longer provide the no-fault protection that currently shields property owners from liability when a neighbor’s tree falls onto their property.
Under current Florida law, if a tree falls from your neighbor’s yard onto your property, the burden is typically on you to clean up the mess—unless there is clear negligence. But under the new law, property owners would be responsible for tree maintenance on their land, including taking action when trees, branches, or shrubs pose a risk of falling onto neighboring properties. This is especially important in areas like Daytona Beach, Palm Coast, and Ormond Beach, where storm damage and high winds are common.
How This Affects You
If the Fallen Tree Act becomes law, property owners will need to take proactive steps to manage their trees, preventing potential damage and disputes with neighbors. Here’s what you need to know:
Liability Shift: Under the new law, if a tree from your property falls onto a neighbor’s land, you could be held responsible for the cleanup and any damage caused. This means your homeowner’s insurance could be affected, possibly leading to higher premiums or policy cancellations.
Tree Maintenance Becomes Even More Crucial: Maintaining your trees, especially those near property lines, is critical. Overgrown branches that extend into a neighbor’s yard could lead to disputes and legal issues. If you fail to trim or maintain them, you could face financial or legal consequences if they fall during a storm or high winds.
Increased Risk for Property Owners: In Florida, windstorms and hurricanes are common, and fallen trees can be a significant risk. If you have large trees near property lines, failure to maintain them could result in hefty costs for both you and your neighbors.
How T&D Tree Services Can Help You Avoid Legal and Property Issues
At T&D Tree Services, we’ve been helping homeowners across Volusia and Flagler counties with professional tree care for over 30 years. Here’s how we can assist you in preventing issues before they arise:
- Tree Inspections and Risk Assessments: Our team can inspect your trees and identify any potential hazards before they cause harm. This helps you stay ahead of any issues that could lead to property damage or legal disputes.
- Tree Trimming and Pruning: By trimming or pruning trees near property lines, you can prevent overgrowth that could lead to damage during a storm.
- Storm Damage Prevention: We specialize in preparing trees for storm season, ensuring they are less likely to fall during heavy winds.
- Emergency Tree Removal: If you already have a fallen tree, we offer quick and safe removal to minimize damage and prevent further complications.
Don’t Wait Until It’s Too Late – Protect Your Property Today!
With the Fallen Tree Act potentially making tree ownership more complicated, now is the perfect time to ensure your trees are properly maintained. Don’t wait until your neighbor is knocking on your door with a tree-related issue—call T&D Tree Services for a free consultation today!
📞 Call 386-882-7677 to learn more about how we can help you prevent tree problems before they cause damage.
Frequently Asked Questions
How quickly should storm-damaged trees be removed?
Dangerous or unstable trees should be inspected immediately after a storm to reduce safety risks and prevent additional property damage.
Can a certified arborist save damaged trees?
In some cases, yes. A certified arborist can evaluate whether trimming, cabling, injections, or treatment may help preserve the tree safely.

