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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33761
Experience:  15 years real estate, Realtor. Landlord 26 years
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My neighbor planted trees after I purchased my property with

Customer Question

My neighbor planted trees after I purchased my property with the larger number of the trees planted on the side of my home, the limes of the trees have been within feet of my home. (Water Oaks) we were informed that she was required to ask permission to before planting because there were no trees there before we purchased it. I have seen the damage that water oaks can do and I do not like this situation, what is my legal right.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Do you have a specific restriction in the neighborhood that requires someone to obtain permission before planting trees?
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Are you in a neighborhood that is governed by a HOA or is this a local ordinance?
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If so, is this a HOA rule?
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How long have the trees been planted?
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thanks
Barrister
Customer: replied 1 year ago.
I have no idea of what the HOA requires I did read up on the FL state Encroachment Law pertaining to trees. Needless no one will purchase property when there are trees planted less then 20 feet from the home especially oak trees.
Expert:  Barrister replied 1 year ago.
Ok, so are you just relying on what someone told you regarding having to have permission to plant trees or do you actually have some ordinance or law that you can point me to so I can review it?
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Are the trees crossing over the property line or damaging your property?
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thanks
Barrister
Customer: replied 1 year ago.
She planted the trees about 11 years ago yes their limbs are acrossed the property line along with the roots ans as the grow the trees will into my fence and the fence sits back 6 inches from the property line. We have been battling this issue since she planted then 10 or 11 years ago.
Expert:  Barrister replied 1 year ago.
Ok, then if her trees are crossing over the property line with either their limbs or roots and damaging your property, then you could file suit against her for trespass to property and "private nuisance" and hold her responsible for any damages and to force her to cut the trees back to her property line or remove them.
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A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
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The trees are considered her personal property and as such, if they are crossing over onto your property, that is a trespass and private nuisance and you can hold her liable in court for any damages and to abate the nuisance.
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You can sue in small claims court in FL for up to $5,000 if your damages and the estimated costs of trimming the trees back to her line were that or lower.
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thanks
Barrister
Customer: replied 1 year ago.
how or who do I contact some one to assist me with this matter? Could you direct my in the right direction?
Expert:  Barrister replied 1 year ago.
If you are talking about finding an attorney to assist, unfortunately, I am not allowed to recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:
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www.martindale.com
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www.lawyers.com
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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.
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You might also want to contact the local Legal Aid office, (not the Public Defender..different office) and see if they could help or refer you to a low cost attorney who could assist.
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It might be as simple as having an attorney send a "cease and desist" letter threatening to sue for trespass and private nuisance if neighbor didn't cut the trees back to the property line. Sometimes a letter from an attorney will "encourage" someone to act rather than being dragged into court to lose.
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thanks
Barrister