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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6556
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am a Palm Beach County resident and woke up this morning to find men

Customer Question

I am a Palm Beach County resident and woke up this morning to find men working in my yard and trees, butchering my two Florida Live Oaks
I called the cops, I emailed the county for inspection and also contacted an arborist for inspection. What's my next plan of action?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

Was this a tree removal service company that was "butchering" your trees?

Do you know who requested the tree removal? Is your property in a community under an association?
Customer: replied 2 years ago.

Thank you for your reply.

The 3 Hispanic workers had a work truck with no lettering, never once knocked on my door to ask permission to enter my yard or to climb my tree to cut down limbs. I did ask for business license and insurance information. When that was not produced I told them to get off my property and I called the police. I did get the tag number of the truck and the UNHELPFUL Sheriff's debuty badge number and name of the that answered the call which took over an hour come out and look. The next door neighbor made arrangements for the "crew" to come out and butcher my tree. The two trees are still standing buy have been butchered down the side and I fear that they may not survive. that's why I called the County and the Arborist to come take a look at it. No I do not have a HOA, as I live in unincorporated Palm Beach County....in West Palm Beach, Fl

Expert:  Attyadvisor replied 2 years ago.
The information you provided is very helpful.
No one can enter your property to trim your trees without your permission. The only time a neighbor has the right to trim your branches is if the branches extend passed your property line onto the neighbors property. The neighbor has no legal right to enter onto your property or hire a service to enter your property to trim the branches.
The reason law enforcement is being unhelpful is that these matters are considered civil rather than criminal.
If your trees branches were causing any issues for the neighbor the branches could be considered a nuisance.
http://www.nolo.com/legal-encyclopedia/florida-laws-neighbor-property-disputes-65225.html
"Palm Beach County has a Vegetation Preservation and Protection Ordinance." You can contact them at http://www.co.palm-beach.fl.us/erm/
You have a lawsuit against your neighbor for damages to your trees.
“Florida allows property owners to recover actual damages that their trees suffered. Actual damages are the amount that the tree cost the owner to buy or the cost that the owner must pay to make the tree whole again. “
http://www.legalmatch.com/law-library/article/property-disputes-between-neighbors-in-florida.html
Please do mot hesitate to ask me any additional questions that you may have regarding this matter. It would be my pleasure to continue to assist you.
Thank you for using JA!
If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.
Expert:  Attyadvisor replied 2 years ago.
I wanted to follow up with you to see if the information I provided was helpful.

Please let me know.

Thank you.

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