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I have a neighbor who's tree roots has destroyed my fence…

Customer Question
I have a neighbor...

I have a neighbor who's tree roots has destroyed my fence and is growing into my foundation?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have been corresponding by e-mail with realtor managing property since Jam

Lawyer's Assistant: Where is the property located?

2018 owner of property lives in mmmmmmmd. i sent the owners a certified letter the 1st of may 2018 requesting to have tree removed within 14 days of them signing for cert. letter. located at*****, callaway, fl. 32404 i am next door at*****, callaway, fl. 32404

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The real estate co, listed their property for sale as of today!

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 20 minutes by:
5/18/2018
Real Estate Lawyer: Lori, Lawyer replied 3 months ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,420
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. If your neighbor has not responded to your certified letter to address the tree and damage to your property, you will need to file a claim in small claims court against your neighbor.

If any part of the tree is on your property (including the roots), you do have the right to remove the part of the tree on your property so long as it does not jeopardize the stability of the tree.

Have I answered all your questions?
If so, please remember to accept my response and post a positive rating.

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Customer reply replied 3 months ago
0% of the Oak Tree aboveground leans over onto my property and the fence. The very big roots of the Oak Tree broke the posts holding up my treated wooden fence and the large roots are going into the foundation of my house!
Real Estate Lawyer: Lori, Lawyer replied 3 months ago

U​nderstood. You will need to sue your neighbor to recover damages and to force the removal of the tree.

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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).

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