Your neighbors are proud of their beautiful, large fruit trees, which are now growing substantially over your property. The trees have grown so large that a number of branches extend over your house, tool shed, and other improvements, which you believe results in a dangerous condition, not to mention rotten fruit dropping on your patio. What are your options: force the neighbor to remove the tree extending over your land, sue for damages, or something else? You may be surprised.
Is Your Neighbor Legally Responsible?
In Florida, a possessor of land is not liable to others outside his land for nuisance caused by vegetation growing from his land over adjoining properties. Scott v McCarty, 41 So. 3d 989 (Fla.4th DCA 2010). Therefore, your neighbor has no duty to remove or even trim the tree branches that encroach onto your property.
However, as the adjoining property owner, you have the privilege to trim back, at your expense, the offending (encroaching) tree, roots, branches, and other vegetation. Gallo v Heller, 512, So. 2d 215 (Fla.3d DCA 1987). Maybe this does not seem fair. You may wonder why you must pay to cut your neighbor’s trees that she allowed to grow over your property. The …read more
Source:: Legal Scoop