Legal Question in Real Estate Law in Florida

property lines

while preparing to install a fence my neighbor cut my shrubs back that may get in their way in turn making my shrubs lop sided and unnatural looking. all the shrubs are on my property. do they have the right to cut my shrubs without my permission. can i take them to small claims court for reimbursement for the damage done to my shrubs.


Asked on 4/17/02, 1:23 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: property lines

Before rushing off to the courthouse, try talking with your neighbor and finding out if he/she/they are willing to fix the problem or pay for your cost in having the shrubs replanted or whatever may be needed to get the landscaping back to its original condition. If your neighbor refuses and you think it's worth the trouble, then filing a lawsuit may be a viable option. Good luck.

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Answered on 4/17/02, 2:22 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: property lines

Although the shrubs are entirely on your property, the overhang is not. If the neighbor merely cut the overhang, you will find it, at best, very difficult to be awarded anything.

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Answered on 4/17/02, 3:35 pm


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