Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

what are my rights on trimming my neighbors trees and plants

Customer Question
growing over their property line...
what are my rights on trimming my neighbors trees and plants growing over their property line onto mine? I live in palm beach county, fla.
Submitted: 7 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/11/2010
Lawyer: J.Hazelbaker, Attorney replied 7 years ago
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
Verified

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

Customer:

hi

J.Hazelbaker :

Under Florida law, you are entitled to trim the brush/limbs back to your property line so long as you don't damage the plant in the process.

J.Hazelbaker :

However, you can't go onto the neighbor's property without permission.

J.Hazelbaker :

You must trim from your property.

J.Hazelbaker :

And, since the law considers the overhanging vegetation to be a "trespass", which allows you to cut it, the residue (e.g. cut branches) belong to the neighbor.

J.Hazelbaker :

Therefore, you can put the cut vegetation back on their property for them to dispose of.

J.Hazelbaker :

If you need support, the Palm Beach County code officer can assist:

J.Hazelbaker :

http://www.pbcgov.com/pzb/CodeEnforcement/index.htm

Customer:

is their a statute # XXXXX law # XXXXX I can look it up & print it. I need to send it in to my homeowners management co. So they can address this with the neighbor.

Customer:

is their a statute # XXXXX law # XXXXX I can look it up & print it. I need to send it in to my homeowners management co. So they can address this with the neighbor.

J.Hazelbaker :

This is a principal of Florida common law, but sometimes it is codified in the county or municipal code of oridinances.

J.Hazelbaker :

I'm looking to see if that is the situation in PBC

Customer:

o.k.,thanks

J.Hazelbaker :

O.K.

J.Hazelbaker :

It's still "common law" under Florida law.

J.Hazelbaker :

This means, that the right to trim is based on prior case decisions. It hasn't been reduced to statute.

J.Hazelbaker :

Here is the leading case

Customer:

it didn't show the leading case

J.Hazelbaker :

Richmond v. General Eng'g Enters. Co., 454 So.2d 16 (Fla.
Gallo v. Heller, 512 So. 2d 215 (Fla. 3d DCA 1987)

J.Hazelbaker :

I'm trying to get you to a copy of the case you can print out. ONe second

J.Hazelbaker :

O.K. I have to copy and post it in here.

J.Hazelbaker :

there's no free source to direct you to, so I had to use my fee service

J.Hazelbaker :

But, it's not long.

J.Hazelbaker :

454 So.2d 16 (Fla.App. 3 Dist. 1984) Michael RICHMOND, Appellant, v. GENERAL ENGINEERING ENTERPRISES CO., a Florida corporation, Appellee. No. 83-2937. Florida Court of Appeals, Third District. July 17, 1984


Rehearing Denied Sept. 14, 1984.




Page 17


Welbaum, Zook, Jones & Williams and John D. Weatherford, Miami, for appellant.


No appearance for appellee.


Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


SCHWARTZ, Chief Judge.


Richmond sued for money damages based on the alleged "negligence" of the defendant-appellee in permitting branches of a ficus tree growing on its property to extend over and onto the next lot where the plaintiff's home was located. We affirm the trial court's dismissal of the complaint.


While there is substantial authority to the contrary, which may indeed represent the majority rule, cases collected, 2 C.J.S. Adjoining Landowners § 53, n. 37 (1972), we agree with those decisions which hold that in view of the undoubted right of the landowner himself to cut off intruding roots or branches at the property line, 2 C.J.S. Adjoining Landowners § 52 (1972), [1] no such action may be maintained. Sterling v. Weinstein, 75 A.2d 144 (D.C.1950); Michalson v. Nutting, 275 Mass. 232, 175 N.E. 490 (1931); Norwood v. City of New York, 95 Misc.2d 55, 406 N.Y.S.2d 256, 258 (Civ.Ct.1978); Mead v. Vincent, 199 Okl. 508, 187 P.2d 994 (1947); Granberry v. Jones, 188 Tenn. 51, 216 S.W.2d 721 (1949); see Knepper v. Slovak, 31 Fla.Supp. 131 (15th Cir.Ct.1968). It seems to us that the recognition of an action of this type to redress a claimed wrong which might otherwise be obviated by the time-honored remedy of self-help would represent a wasteful and needless use of the judicial system. See Kirou v. Oceanside Plaza Condominium Association, Inc., 425 So.2d 650 (Fla.3d DCA 1983).


Affirmed.

J.Hazelbaker :

we agree with those decisions which hold that in view of the undoubted right of the landowner himself to cut off intruding roots or branches at the property line, 2 C.J.S. Adjoining Landowners § 52 (1972)

J.Hazelbaker :

So, Florida law is clear that you have a right to cut the branches, but you can't sue the owner of the tree to force them to do so.

J.Hazelbaker :

Here's another case that I can link to:

J.Hazelbaker :

http://www.rgllaw.us/FL_trees.pdf

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.


J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
Verified
J.Hazelbaker and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask J.Hazelbaker Your Own Question
J.Hazelbaker
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
4,385 Satisfied Customers
Experience: Attorney and small business owner with 10 years experience in the general practice of law.

J.Hazelbaker is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I recently filed for an LLC and received my certificate this
I recently filed for an LLC and received my certificate this week. After receiving it, I went in to my etsy shop to change my business name and found that another shop was already using the name. They are located in Italy and appears to be a graphic designer and I concentrate on gifts and mementos. Do I need to change my name? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Just found out my future roommate gave fake paystubs to get
Just found out my future roommate gave fake paystubs to get approved for our apartment. Unfortunately they had them send the paystubs to my email address. We have already signed the lease. What troubl… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,866 satisfied customers
What happens if my attorney failed to file my contract for
What happens if my attorney failed to file my contract for deed in the land office and there is a default … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,866 satisfied customers
I need a power of attorney for my girlfriends dad to stand
I need a power of attorney for my girlfriends dad to stand for me for marriage in Brazil is this possible? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
My husband is an alcoholic & chronic smoker. We are in a
My husband is an alcoholic & chronic smoker. We are in a marriage that is not good. How can I get away from him & not be homeless or lose evrything I owned when we met? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 satisfied customers
Is there a way to find out if my husband made a trust of his
is there a way to find out if my husband made a trust of his own … read more
Damien Bosco
Damien Bosco
3,111 satisfied customers
I am a State employer, we have a worker agreement that
I am a Washington State employer, we have a worker agreement that workers sign acknowledging that if they quit with less than 2 weeks notice their wage for all outstanding hours owed to them will be p… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
I was given my dog from a friends dad. (The property owner.
I was given my dog from a friends dad. (The property owner. The friends sister now is saying that the dog is here and that we stole him (she lives in hawaii).. She is taking her own sister to court fo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
Does intentional omission of critical exhibits from a trial
Does intentional omission of critical exhibits from a trial brief constitute violation of Professional Conduct rules? My attorney requested all pre-trial exhibits for my defense, billed me thousands o… read more
socrateaser
socrateaser
1,031 satisfied customers
I'm about to write a question (not sure if it can be with
I'm about to write a question (not sure if it can be long with personal details). Does JustAnswer.com is completely confidential? or the answers get public? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
Found out we owe sales tax for 3 months from 8 years ago is
found out we owe sales tax for 3 months from 8 years ago is there any way to not have to pay the interest since we had no idea we owed this till now...We live in kansas … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
For reasons to to write, when I married my current husband
For reasons to long to write, when I married my current husband I, unknowingly, was still married to another man. After discovering this years later my husband and I remarried to make our marriage leg… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 satisfied customers
My mother has been involuntarily committed to the
My mother has been involuntarily committed to the psychiatric unit at the Rhode Island Hospital due to a small overdose of pain medication, including opioids (Vicodin). She was visibly "intoxicated" d… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,089 satisfied customers
I was told that there is no way to lawfully convey property
I was told that there is no way to lawfully convey property to a cancelled LLC, because a cancelled LLC doesn't have any ability to own property. The LLC would first have to be reinstated. Question: I… read more
socrateaser
socrateaser
1,031 satisfied customers
Have a medical bill collection still on my CBR here in
Have a medical bill collection still on my CBR here in Ariz......What i see is that statute of limitations for a me d … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,102 satisfied customers
I have a contract with a Car Tilt loan company in AZ based
I have a contract with a Car Tilt loan company in AZ based in GA.. They did not abide by the contract..... they failed to send certified letter according to their contract. They are now offering a one… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
I need help with leather getting reburse the metal anguish
I need help with leather getting reburse the metal anguish that I have went through with my landlord and family they toucher me until I gave up clinical info stole everything and flea out of there in … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,102 satisfied customers
I've had TSA authorization for maybe a year, but my last
I've had TSA authorization for maybe a year, but my last trip, my TSA status did not appear on my boarding passes. How do I get access to my personal TSA number? … read more
Damien Bosco
Damien Bosco
3,111 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x