Legal Question in Civil Litigation in Florida

Re: homeowner rights

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.

Unfortunately, while you have the right to trim any branches hanging over your property line, you do not have the right to cut down trees o your neighbor's property nor are you able to force her to cut them down. One exception might be if you could prove that the trees are rotted and therefore dangerous and must be cut down in the interestof public safety. Just because the trees are leaning towards your pool enclosure does not give you the right to cut them down.

Scott R. Jay, Esq.