Legal Question in Real Estate Law in Florida

I came home today and noticed someone had cut several branches off a young tree that is growing on my property. A few small, thin branches were hanging over the sidewalk but not an extensive amount or anything that stepping a foot to the side wouldn't avoid. I have only received a letter once from the HOA to trim the branches back, and I did at that time. But this is from a new growth spurt. Previously someone was breaking the small limbs by hand and left them dangling to die off. But now who ever is doing this cut several branches off one half of the tree so now it's ugly. The person had to have stepped on my property to get to some of the branches. No note, letter or discussion was done first. Is this legal? Jacksonville Fl.


Asked on 10/11/16, 7:46 pm

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

Your guess about how or what occurred is not going to help you. Check with your HOA and confirm whether they did the trimming or not. Clarify whether they entered your property to do the work. Work it out with them. Keep photos of the scene. By the way, invading the sidewalk, even if you have to step to the side to get by is probably sufficient to warrant the trimming.

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Answered on 10/13/16, 10:33 am


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