Legal Question in Real Estate Law in Florida
neighbor's tree
My very unfriendly neighbor's tree has leaned over my property and broken my fence. It also endangers my house if we have a hurricane. Do I have the right to cut the part of the tree that overhangs my property?
2 Answers from Attorneys
Re: neighbor's tree
If you would like a written opinion confirming your rights as a homeowner, please let me know.
Sincerely,
Randall Gilbert
Re: neighbor's tree
Your question requires legal research, which we would gladly perform upon being retained by you as your attorneys. Several years ago I performed research on this issue, and the caselaw indicated that you have a right to cut down the parts of the tree that grow into your property. However, the law may have changed. I am uncertain what the state of the law is currently. The foregoing is for informational purporses only and not intended to be relied upon for any purpose.
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