Legal Question in Real Estate Law in Florida

tree encroachment

Our old boundary fence has been damaged by encroachment of two neighbors tree trunks. We have asked one to remove the tree she refused. The other neighbor has planted another 9 trees immediately behind our fence, despite our request that she not do this. Two older trees of hers are now encroaching and damaging our fence, the others will as they grow. We are trying to put up a new fence but cannot keep to the old boundary line because of this encroachment.


Asked on 1/26/07, 9:50 am

1 Answer from Attorneys

Johm Smith tom's

Re: tree encroachment

Landowners should always monitor their property boundaries and take non-violent action to ensure that their boundaries are not encroached upon by anyone that is not paying for that right or has permission. Failure to protect your boundaries will ultimately result in loss of the right to maintain those boundaries and ultimately could result in the transfer of ownership of that portion of your land to the person encroaching. There are various time periods involved, which determine what your best course of action is at this time; so you should consult an attorney to find out if it is already too late or not. You should bring a copy of the plat of your land and show the attorney on that plat which boundaries are threatened by encroachment. Time is your enemy when someone is on your land, but never consider violence unless it is in self-defense of life...not of property.

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Answered on 1/26/07, 10:42 am


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