Can I have limbs from a neighbor’s tree removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I have limbs from a neighbor’s tree removed?
The limbs are heavy, about 30-50 ft up, hanging over our home. What part of Florida law covers this issue? Who is resposible, me or my neighbor?
Asked on September 30, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you may not remove the limbs from your neighbor's tree--it is his property. However, if the neighbor is aware that the limbs pose a risk and does not take action to reduce that risk, and those limbs then cause damage or injury, the neighbor can be liable for those damages or injuries. You should take pictures of the limbs and also tell your neighbor (politely) that you believe the limbs are posing a hazard to you and your home; you should make sure you have some witnesses to the conversation (and/or send him a fax or email, so you can prove delivery), so you can prove that he had warning of the threat, if need be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.