Legal Question in Civil Litigation in Florida

About a year ago I sent in a question which was answered by a very kind Attorney from Florida. It involved the intrusion of my neighbors Bamboo trees onto and over the front/side of my property. I was advised that I could remove anything that was hanging over or growing on my property. That was good advice which I followed. However things have changed since then and these trees have grown dramatically and are now about 25/30ft. tall and they have grown many more trunks. They hang over my fence all the time, are resting on new trees I had planted and when it rains or the wind is blowing hard they bend over my fence and rest on the ground of my property about 15'.
I have had a problem with these neighbors in the past about another matter and they are very hard to deal with. I am also 78yrs old and unable to remove this invasion of invasive trees by myself anymore. I recently had to have a company come in and cut some of the Bamboo back but it was very expensive and they have now grown back thicker and taller than they were before. I should add that this is not a small area. I live on acreage and they have litterally planted close to one hundred or possibly more of these tree/bushes and some are planted very close to my fence which runs for 900'. My lot is also a pie shaped lot and the frontage is only about 60' across. When these trees bend and rest on my fence they literally take up about a quarter of the front of my property and it looks terrible to say nothing about injuring my new plantings.
My question is whether I have a civil action against these people. Can I force them to remove their brush from my property? If I do have a case, what Florida Statute would pertain to this sort of case. I would like to be able to talk intelligently to any lawyer I retain regarding this matter. It certainly would be no more expensive for me to go to the courts for equity than to be paying landscape companies to keep on cutting them back.

Asked on 6/16/10, 7:35 am

David Slater David P. Slater, Esq.

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I would contact code enforcement before any lawsuit.

Answered on 6/16/10, 10:50 am

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