What to do about an encroaching tree limb
Ever asked a neighbor to trim a tree limb overhanging your garage and been ignored?
Well, "… the rule at common law and the majority rule in this country, which is followed in Florida, is that a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property." From Gallo v. Heller, 512 So. 2d 215 (Fla. 3d DCA 1987)
The privilege to trim the tree carries with it a responsibility not to do no harm to the tree or to your neighbor. In other words, you are responsible for trimming the tree in such a way that it does not harm the tree or cause the tree to die. If you do, you may be liable to replace the tree. And should also be cognizant of trespass issues which means that you should only trim the tree and its branches back to the imaginary extension of your property line that rises vertically into the air.
Well, "… the rule at common law and the majority rule in this country, which is followed in Florida, is that a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property." From Gallo v. Heller, 512 So. 2d 215 (Fla. 3d DCA 1987)
The privilege to trim the tree carries with it a responsibility not to do no harm to the tree or to your neighbor. In other words, you are responsible for trimming the tree in such a way that it does not harm the tree or cause the tree to die. If you do, you may be liable to replace the tree. And should also be cognizant of trespass issues which means that you should only trim the tree and its branches back to the imaginary extension of your property line that rises vertically into the air.
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