What can be done about a tree on nieghbor’s lot if the roots are endagering the structure of my home?

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What can be done about a tree on nieghbor’s lot if the roots are endagering the structure of my home?

Asked on March 19, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to seek help from an attorney with this type of experience in your area as soon as you can.  it is my understanding that Florida follows the common law with regard to this matter and that the owner of the tree may indeed have more rights that you to the health and safety of his tree that you to your structure.  Ridiculous as that might sound to some.  Florida law does allow you to remove any lims or leaves that come over your property line but it balances the removal with the damage to the tree.  If the removal issue also applies to the roots (and it might) you run in to the problem of your killing the tree (which is also a criminal offense in Florida).  Seek help.  Good luck. 


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