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My neighbors tree has grown into my property line and broken…

My neighbors tree has grown...
My neighbors tree has grown into my property line and broken my fence. They do not want to remedy the situation. In FindLaw you state that "You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed." Which Florida statute states this?
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9/1/2011
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello, I am happy to assist you today.

I am not involved with FindLaw so I can't speak to that response.

Actually this law is common law property law, so doesn't involve a statute. The law states that this is a trespass (not a nuisance) and that any damage caused by your neighbor's tree coming onto your property is their legal responsibility.

So your neighbor is responsible to pay for that damage. If they don't respond to the demand letter, you can do an easy small claims action against them and ask for the value of what it would cost to fix your fence and get the tree off your property (if possible). If it's not possible to get that portion of the tree removed without damaging the tree, it may need to be removed all together, although that doesn't sound like a good solution to me.

Take care,
Kimberly
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
Verified
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KimberlyLaw
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
4,219 Satisfied Customers
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.

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