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Tree Dispute With Neighbors

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While one neighbor may enjoy the shade of a beloved old tree, another neighbor may not notice that the branch has spread over time into his garden. In this case the neighbour took the unusual step of destroying the tree on the property of his neighbour. While he may have planted them well below his land boundary, the branches have spread out into the land lines and yards of the neighbors as they grow. The neighbour tree has grown so large that branches and roots have penetrated the yard, causing actual and potential damage. Sources: 4, 5, 8, 10

If the neighbor is uncooperative, you can cut back his overhanging branches, dig up the roots to the boundary of the property and remove the debris left on your property. What would you rather do: cut down the tree or dig up all the roots and dig up from the land border? Sources: 17

If not, the neighbor can only cut back the branches of the offending vegetation along the property line. You cannot kill the tree by pruning these branches, but if it dies, the neighbours can try to make amends for the damage caused by your misdemeanour. Sources: 7, 11

If your neighbour prunes a tree that juts out of their property and does a terrible job, you are entitled to compensation if it falls down or is damaged. If the tree or parts of it fall on or on the neighbour’s property, the neighbour is responsible for the damage you have caused as long as the trees are well maintained and without any signs of disease or rot. Anyone who fells, injures or causes irreparable damage to his tree without your permission owes compensation to the owner of the tree. As for the financial damage associated with a neighborhood dispute, there are some basic rules: If your trees or parts of them fall on neighbors “property, or if they show obvious signs of disease and / or rot, and your neighbors file a complaint with the city about the danger, then you are liable for any damage caused. Sources: 3, 15

If you think your neighbor’s tree has fallen on your house or other valuable property, you should notify them and see if they can fix any problems. If they are reasonable in their care to maintain the tree, and it appears that the incident caused damage, then they would be responsible for any damage to your property. However, if you wait and “see what happens” and point out that your tree is a danger, you must be able to prove that you have acted negligently if your property or that of another person has been damaged; if your tree problems interfere with your property or interfere with your property, try to resolve the problem by friendly conversation. Sources: 9, 10, 12, 14

If your neighbour decides to cut a branch, cut down a tree root or treat part of the tree with a chemical that ultimately causes damage to your tree or its tree, he may be liable for the damage. However, if the branch or root is completely on your side of the property line and causes the trees to die, you are not liable to the neighbour for any damage under any circumstances. If they complain to the city and nothing is done, they can still be held liable for damage caused by a part of the tree falling on their property, even if they themselves do not cause any damage. Sources: 1, 13, 16

Felling the tree at a neighbour’s house without their knowledge or consent only leads to a neighbourly dispute that can take you to court. Felling his tree with his knowledge or consent – felling a neighbour’s tree without her knowledge and / or consent is a violation of your property rights and may only lead to another, more serious violation and a “non-neighbourly” dispute that could bring us all to court. Sources: 18

If the tree on your property is a real danger to your neighbour or his property and the nuisance it causes is substantial and genuine, it is unlikely that the District Court would issue you with an order requiring the removal of this tree or trees. If your neighbour’s tree causes damage to your property, you may have acted within the limits of certain rights. If the trees on the neighbouring property fall over, damage the property or cause damage intentionally or negligently, the neighbour is liable for the damage. Sources: 2, 6, 17

If the tree trunk is on the neighbour’s property, everything that falls on that tree is your responsibility, whether it is damage to property or not. Fruit that is still in the neighbour’s tree does not belong to the neighbour, even if the branch on which it hangs is attached to the property. The neighbour is entitled to remove trees that invade his property, but is not liable for the felling of branches that invade his property or for the loss of fruit. The landowner can sue his neighbor for having branches cut off on her property, damaging her property. 

What to do if my Neighbor cut down my tree in Florida?

Cited Sources

#1 Guide to Neighbors and Tree Dispute Laws

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