Legal Question in Civil Litigation in Florida

tree removal

large tree in yard. want to cut down. need heavy equipment (cherry picker) neighbor will not let equipment on their property. can not remove unless we can get on the other property. what can i do.? am i stuck with this tree and who will be reaponsible if it causes damage during a storm. thanks


Asked on 7/28/04, 9:59 am

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: tree removal

Offer the neighbor money to allow you to use their property to remove the tree, and agree to repair any damage to their property caused by the removal. If they still refuse, send them a letter stating that they were put on notice that you intended to remove the tree and the only way that it can be removed is from their property. Failure to grant access to their property for purposes of removal, may be deemed an assumption of risk, and may gravely impact any damages they claim in the event that tree falls on their house in the future. Good luck.

Randall Gilbert

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Answered on 7/28/04, 10:23 am
David Slater David P. Slater, Esq.

Re: tree removal

Speak with your local Building Department. They may have a procedure to follow.

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Answered on 7/28/04, 11:58 am


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