Legal Question in Real Estate Law in Florida

Intrusion of neighbors trees on my property

Good afternoon,

My property is completely fenced and my neighbor has planted some type of Bamboo trees close to my fence. They are now 16-18' tall, very flexible and the tops of them are falling onto both my fence and landscaping inside my property. They are resting on top of my fence, my bushes and parts of them are resting on the ground inside my fence for about 8-10'.

I had trouble with these people when they first moved in a couple of yrs ago, basically for the same reason. I sent them a letter telling them to stay of my property. Finally, I had to have a lawyer send them a letter and the Sheriff issued them a no tresspass warning. These neighbors have already cost me money and I'm trying to protect my rights as a property owner without having to spend more., if possible.

Do I have the right to cut or spray the flora that is on my property and remove it? I am taking photos this afternoon.

This is an uncomfortable position to deal with but something has to be done and I appreciate any help you can provide me.

Arlene


Asked on 6/25/09, 4:44 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Intrusion of neighbors trees on my property

You may cut any branches overhanging your property.

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Answered on 6/25/09, 5:14 pm


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