Q: Developers in our lakefront community have started land development that has disrupted animal habitats and seems to have pushed them toward our nearby part of the lake. This caused damage to trees on our property and some of our neighbors’ properties, resulting in significant costs to remove the damaged trees. Should the developers have taken steps to reduce this disruption, and are they liable for the damage to our property? —Kay
A: When developers undertake a project, they often need to follow environmental regulations and conduct assessments to reduce harm to ecosystems. This can involve measures to limit habitat disruption, such as creating buffer zones, relocating wildlife, or implementing erosion control measures.
However, whether they are legally required to address the specific impacts you are experiencing depends on the project details, local laws, and the permits they have obtained.
If you believe the developers did not take reasonable steps to prevent harm, start by thoroughly documenting the damage. Take pictures of the affected trees, your property, and any unusual signs of wildlife activity. Keep track of any expenses you incur, such as tree removal costs, and record the timeline of events.
If neighbors are facing similar issues, consider working together to strengthen your case.
Next, investigate the development project. Check the permits the developers obtained and whether they were required to perform environmental impact studies.
You might be able to find this information through your local government or planning department. If you discover that the developers violated regulations or neglected to address foreseeable consequences, you could have grounds to pursue legal action.
Consulting with an attorney who specializes in property or environmental law can help you determine whether the developers are liable for the damage to your property. This attorney can also advise you on whether it’s worth pursuing compensation for your costs.
In some cases, developers may be willing to negotiate a settlement to avoid a lengthy legal dispute.
Finally, consider reaching out to your local government or homeowners’ association to share your concerns. They may be able to help mediate the situation or offer additional resources.
While dealing with these issues can be frustrating, staying organized and persistent will give you the best chance of resolving the problem.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
