Legal Question in Civil Litigation in Florida

dame to neighboring property due to my tree growth

I have a 50+ year old oak tree in the corner of my yard. The neighboring subdivision has a brick wall that runs along both sides of my property from that corner. Due to the growth of the tree roots, the wall has been lifted and starting to crack. The tree does not touch the wall in any other way. Am i responsible for the damage to this wall? The tree and wall were there way before I purchased my house and the subdivision wants me to pay to have the tree cut down and the wall repaired. Also, according to the survey, this wall encroaches about 1 1/2 inches onto my property. What are my rights and responsibilities?


Asked on 1/12/06, 2:22 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: dame to neighboring property due to my tree growth

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: If the wall is on your property then you may ask them to remove the wall, so that it is no longer on your property. However, if your tree roots are encroaching underneath and onto their property then I would also think (wihtout doing any research) that they may ask you to cut back the roots, so that your tree does not go onto their property. Good luck,

Randall Gilbert

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Answered on 1/12/06, 5:30 pm


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