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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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