Legal Question in Real Estate Law in Florida
Neighbor has complained to city for second time regarding overhanging tree branches. City then issues warning. First time complied with their request. Now they want larger trees cut which would be a considerable expense. From my reading of the Florida Handbook http://edis.ifas.ufl.edu/fe962 it is the neighbors responsibility to cut the branches encroaching their property as per the following excerpt:
Summary
A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and other vegetation that had grown onto his or her property. If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the landowner of the property where the tree was originally located is responsible. If a live tree falls onto the adjoining landowner�s property, then the adjoining landowner is responsible for any damages.
If this is the law what is legally necessary to resolve this and the cost?
Property location: North Lauderdale, FL 33068
1 Answer from Attorneys
The owner of the property next to you likely is responsible for cutting the branches encroaching on his land subject to whether or not the branches fall down and whether they are dead or not. If the tree is alive and the branches are as well, the other landowner would be responsible for clearing them off his property up to the property line.
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