Legal Question in Civil Litigation in Florida
I just came home and found out my neighbor out back had one of my trees cut down. He asked me this morning if his tree trimmers could come into my yard to clean up any debris and of course I said yes. I never said he could cut down my favorite tree!
2 Answers from Attorneys
It has been a few years since I researched this kind of issue, but the law then was that a neighbor could cut back any portion of a tree that crossed his property line. The issue here is what oral agreement you had with him, trim or cut, and what does "cleaning up any debris" mean. Did you ask or assume something? What is the value of the tree? Have you talked to him about this? What's his position?
The damages, if any, assuming your authorization was not followed is going to be limited to the value of the tree. There wont be any intrinsic value associated with your love of that tree included in the potential damages
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