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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4195
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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The Board Master HOA Villages owns a natural area that is

Customer Question

The Board for the Master HOA for 4 Villages owns a natural area that is adjacent/borders one of the Villages; There are trees and Oak trees in the Natural area and the Village wants he Master HOA to pay for the trees/shrubs that overhang on to their property. The Village has been trimming these trees for over 15 years but now is treating to sue the Master Hoa if we don't take over trimming the trees. I am trying to find a Florida Tree Law that covers this----I did find an answer in the Handbook of Florida Fence and Property Law: Trees and Landowners Responsibility--Eugene E. Shuey, an certified real estate attorney in Gainesville and member of the Florida Bar assisted i writing the Handbook. Summary, the adjacent lot owner are financially responsibe for trimming of the overhanging limbs and the owners are only responsible for removing a dead or dying tree. I need confirmation and where I can find court cases and Florida law to support this. Please Help! Thx, Rita
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 5 months ago.
Hello, I am happy to assist you today. Yes, that is correct. The land owner pays for and takes care of trimming any trees that overhang onto the property. The only time that the tree owner would be responsible, is if the tree falls on the other property, or as you pointed out if there is a disease or problem with the tree, it is handled by the owner of the tree (the property where the base of the tree is). It would take a bit of time to do any sort of case law search, so I would recommend submitting that as a separate question into the system with a higher fee if you want an attorney to pick it up. I hope this helpsKim

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