Can my neighbor enter my property to trim branches overhanging his property?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my neighbor enter my property to trim branches overhanging his property?

I have several large live oak trees near the property lines with some branches overhanging my neighbor’s property. He isn’t completely wired up correctly and can be very aggressive. I found him and his son in my trees trying to trim some branches. I advised him that he was trespassing as he not only entered my property with the intent to molest my property but had climbed my trees. I advised him that he needed my permission to access my property and climb my trees. He told me that he didn’t as he wanted to trim branches overhanging his

property. I told him that he did have the right to trim branches that might touch his house,but without my permission he would need to do that standing on his property, not mine. I also told him that if he would let me know what he planned, we could most likely find a solution. He told me he could do whatever he wanted in order to trim trees. I warned him that if he damaged the health of the tree by his actions, he was liable. So, can I refuse him access to my property for this and does he have tot right to climb my trees? If it happens in the future, I plan to call the police and see where it goes from there.

Asked on October 29, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) No, he has no right to enter your property without your permission, even to trim overhanging branches. If he does this, you can press charges for trepassing.
2) If he damages your property--e.g. your tree--then he is liable for that damage, which could range from the cost of an arborist or tree surgeon to treat the tree up to the cost of removing a dead tree and planting a new one.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption