Legal Question in Real Estate Law in Florida

Neighbor destroys my vines

We planted vines along our back fence. Our backyard neighbor destroys our vines on a weekly basis by cutting them and/or throwing them off the top of the fence. They are slowly dying. What is the law on this?


Asked on 5/02/00, 5:29 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Neighbor destroys my vines

Your neighbors can do whatever they want to the vines

when they cross over on to their property.

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Answered on 6/20/00, 9:40 am
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Destruction of Plants on Property-line

FACTS: Planted vines along our back fence. Our neighbor destroys weekly by cutting/throwing off top fence.

Q. What is the law on this?

A. The law in Fl. gives a property owner(neighbor) the right to trim limbs, branches, growth that is over his property. It does not give him the right to trim on your property.

Check your survey to make sure the fence is on your land; take pictures/videos of him cutting or trimming your fence; talk to your neighbor and show him your survey and pictures; if this doesn't work ck. to see if your HOA has a Dispute/complaint committee or contact your local Bar Assoc. to go to Citizen Dispute Resolution; If not resolved, contact an atty. and send him a letter to "Cease and Desist"; if nec., sue for damages and an injunction(very expensive -est. min. $2,500.) You could always plant the vines a foot or 2 away from the fence on a trellis and/or put in the highest cement block or wood fence as possible.

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Answered on 6/19/00, 12:16 pm


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