realestate

Real Estate Expert: Is a New Project Developer Liable for Tree Damage?

Reader asks: Developer’s project displaced wildlife into neighborhood, causing property damage. Is the developer liable?

D
evelopers in our lakefront area have begun building, disturbing wildlife habitats and pushing animals toward the nearby lake. This shift has damaged trees on our and some neighbors’ properties, incurring costly removal expenses. Are the developers responsible, and should they have mitigated the impact?

    When a project starts, developers usually must comply with environmental laws and perform assessments to lessen ecological harm. Typical measures include creating buffer zones, relocating wildlife, and installing erosion controls. Whether they are legally bound to address the specific damage you’re seeing depends on the project’s scope, local statutes, and the permits issued.

    If you suspect the developers failed to take reasonable precautions, begin by documenting everything: take photos of damaged trees, record any abnormal wildlife activity, and keep receipts for removal costs. Note dates and any related events. If other residents face similar problems, a joint complaint can strengthen your position.

    Next, review the project’s permits and any required environmental impact studies. This information is usually available through the local planning or zoning office. If the developers omitted required studies or violated regulations, you may have a legal claim.

    Consult a property or environmental attorney to assess liability and the viability of compensation. An experienced lawyer can also negotiate a settlement to avoid protracted litigation. In many cases, developers prefer to resolve disputes quickly.

    You can also alert your local government or homeowners’ association. They may mediate or provide additional resources. Staying organized and persistent will improve your chances of a favorable outcome.

    For legal guidance, contact board‑certified real estate attorney Gary Singer at [email protected] or visit SunSentinel.com/askpro.

Real estate expert discusses developer liability for tree damage.