Legal Question in Real Estate Law in Florida
Next to my property line is a 25' buffer with a 12' Swell in it that is maintained by the County.
A developer put a number of Duplexes on the property about 5 years ago and then planed a row of Oak tree's 6' from my property line. Now the trees are growing and their limes are extending over the fence and will soon be getting close to my house. How closet can a neighbor plant a tree to my property line. In Florida and can it be planted on a Buffer.
1 Answer from Attorneys
A neighbor can plant a tree anywhere on his property, and if the buffer is part of a county road easement, a tree can be planted in the easement with the county's permission. If the tree limbs extend over the lot line, you may trim UP TO the lot line, providing that you do not damage the trunk of the tree. If the tree is a protected species (ie live oak) you will need a permit to trim. If the neighbor's tree is now a hazard to your property, with overhanging branches that threaten to fall on your roof, car, or cause personal injury, you may be able to force the neighbor to remove the hazardous limbs. If the whole tree is leaning toward your home, and is a potential hazard in a wind storm, you may be able to force the neighbor to remove the whole tree.
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