Must I pay to have my tree trimmed and/or cut back if it overhangs a neighbor’s roof and/or driveway?

UPDATED: Oct 1, 2022

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Must I pay to have my tree trimmed and/or cut back if it overhangs a neighbor’s roof and/or driveway?

I have a live oak that is quite large but healthy and sturdy. I had it trimmed for hurricane specifications recently. My neighbor wants me to pay for having branches cut back that overhand her garage roof and driveway. The branches do not touch any part of the roof, just overhand it. Am I liable to have this done or can I tell her that she can have it done at her own expense?

Asked on August 27, 2018 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Asa generl rule, if overhanging limbs are a problem for a neighbor, then they can trim them back to the property line at their expense. A property owner is under no duty to do so. Further, your neighbpr must notify you before this is done and if your tree is damaged due to the trimminng, then your neighbor must also bear that cost.

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