Legal Question in Real Estate Law in Florida

My old home is up for foreclosure and the house is sitting empty. My neighbor put up a fence four years ago and last week he came onto the property and cut down trees and limbs, plus he trimmed shrubs and bushes about a foot back from the fence. And he left all the cuttings laying in the yard. It is upsetting because he never attempted to contact me in any way to discuss the matter and then left all the trash for me to remove. I believe what he did is illegal. I visit the house once or twice a week to make sure nothing is going on, so it's not like he has not seen me there in a long time. Not even a note on the door or mailbox. What should I do?


Asked on 6/17/14, 10:24 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It may not be illegal if there was harm being caused or potentially caused to his property. What damages have you sustained? Are the trees going to die because of what he did? Are they still alive now? You are losing the home, so long term you wont have an interest in those trees anyway? What he did may border on trespass, but you have no real damages to assert unless the trees are harmed.

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Answered on 6/17/14, 1:31 pm


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