Can I have limbs from a neighbor’s tree removed?

UPDATED: Sep 30, 2012

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Can I have limbs from a neighbor’s tree removed?

The limbs are heavy, about 30-50 ft up, hanging over our home. What part of Florida law covers this issue? Who is resposible, me or my neighbor?

Asked on September 30, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you may not remove the limbs from your neighbor's tree--it is his property. However, if the neighbor is aware that the limbs pose a risk and does  not take action to reduce that risk, and those limbs then cause damage or injury, the neighbor can be liable for those damages or injuries. You should take pictures of  the limbs and also tell your neighbor (politely) that you believe the limbs are posing a hazard to you and your home; you should make sure you have some witnesses to the conversation (and/or send him a fax or email, so you can prove delivery), so you can prove that he had warning of the threat, if need be.

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