Legal Question in Real Estate Law in Florida
Florida. A tree on my property had overhanging branches on the neighbors property. It is my understanding that the neighbor had every right to cut the tree at the property line. However, the tree contractor hired by the neighbor reached over the fence onto my property and cut the tree at the base, destroying the entire tree. My legal question (not necessarily the outcome of negotiations), who is responsible (liable) for destroyed the tree, the tree service or the neighbor? Put another way, should the tree service have refused to make the cut despite what they were told by the neighbor? Should the tree service have contacted me prior to making the cut?
2 Answers from Attorneys
Both the neighbor and the tree service may be responsible. The fact that the tree service listened and followed directions does not protect them from any negligent acts on their own.
Both of them for trespass.
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