Legal Question in Real Estate Law in Florida

I got a certified letter from my nieghbor saying that my oak tree roots are cracking her concrete around her pool and also getting into her pool. She also said that with Issac coming she is afraid for her safty because the tree limbs are 2 feet from her roof, which is not true. She also said that a tree in the corner of my lot is growing into her wood fence. That is not true because there is a chainlink fence between the tree and her fence. I have lived here for 25 years and her pool is a lot older than that. I would appreciate anything you can help me with. Jeri


Asked on 8/27/12, 1:51 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Sounds like you are being set up for a costly claim. Do you have homeowner's insurance? You need to advise them of this claim. You should have a landscaper/gardener assess the issues to determine if you need to act or not. If you have issues that require your attention and you dont act that could be negligent and you can be sued for that. The last issue about the fence, I am not sure how the existence of a chain link changes the facts, but you need to have it assessed by an expert. The age of her pool does not change your liability if the allegations are true. Take action now to protect yourself. It may require your experts to enter her property and you want to make sure to coordinate that with her and not just enter without authorization.

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Answered on 8/27/12, 2:07 pm


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