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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28539
Experience:  30 years of real estate practice experience.
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I own a villa in Glen Oaks Manor, Sarasota, Fl. There is an

Customer Question

I own a villa in Glen Oaks Manor, Sarasota, Fl. There is an oak tree in the front of my house on association property that the roots have gone under the ville raising the front entry way to the point that people are falling and now I have a large crack opening up in my front bathroom ceiling. The association mgt will not do a thing, what can I do??
E. Walker Croskey
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Loren replied 5 months ago.
Good evening. I am Loren, a Florida licensed attorney, and I look forward to assisting you.This is a common legal question, and the answer is that the tree owner (the Association) is liable under trespass and private nuisance theories. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the courts did not further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage.Show all this to the Association, and ask for cooperation again, mentioning that you will have to sue if he/she does not correct the situation voluntarily. Then, if they still refuse, file suit.
Expert:  Loren replied 5 months ago.
Did you have further questions? Have I answered your question?
Customer: replied 5 months ago.
Milking for cash, humm
Expert:  Loren replied 5 months ago.
I do not follow.
Expert:  Loren replied 5 months ago.
Are you still online with me?
Expert:  Loren replied 5 months ago.
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