Legal Question in Real Estate Law in Florida

Neighbour's Tree Growing into my house

My neighbour's has two large oak trees planted within the eight foot space between my carport and his house. The trees are about 3 to 4 in diameter and probably 70 feet tall. The concrete in my driveway is severely cracked by the roots and one of the trees is growing into the eave of the carport. The carport roof is continguous w/ the roof on our house. Also, when my neighbour built his house, he chopped the roots on his sides of the tree and topped the tree. The tree now hangs mostly over my house but the base is solely on his property. Can i force my neighbour to remove his nuisance trees??


Asked on 5/26/03, 11:36 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Neighbour's Tree Growing into my house

1. If the roots are actually on your property there is a trespass and they can be removed. Advise your neighbor. If he does not have them removed you can & then bill him.

2. The limbs over your property can be removed at your expense.

3. You cannot go onto his property & remove the entire tree.

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Answered on 5/27/03, 7:32 am


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