Code Enforcement can likely help with palm tree issue
Dear Mr. Feichthaler:
I recently purchased a lot in Cape Coral where my husband and I intend to build our dream retirement home. It is in a developed area of southwest Cape Coral, so we have neighbors on both sides.
On the east side of my property, my neighbor has several very tall palm trees lining the property line. The way two of the trees are growing, they are actually growing over my property, to the point where the branches and coconuts would hit our future house if they dropped. We did what we thought was the reasonable thing and asked our neighbor to trim them back. Well, we found our neighbor wasn’t the type we had hoped for, as he yelled we should go back where we came from. Minnesota? Maybe in the summer, but our retirement does not involve shoveling snow. What can we do?
Answer:
First, happy retirement! You have chosen a great place to live with a lot of great people (even though your neighbor may not be one of them).
There are two different paths you could take. The city of Cape Coral does have police power to handle these situations if there is a violation of city code, or if the trees are interfering with city infrastructure like water lines or drainage. You should call city Code Enforcement if any of these are present.
Assuming the trees do not violate city code, you will be advised that this is a civil matter between you and your neighbor. So, what can you do? First, any healthy branches that extend over the boundary line can be trimmed by you, and this will be your cost. However, if the branches are dead, the neighbor is responsible for removal, and could be responsible for any damage caused. Keep in mind, if you kill the tree in question, you could be liable to the owner for damages. Additionally, you cannot enter your neighbor’s property without permission, which could cause civil or criminal liability if you do.
Boundary disputes (such as overhanging branches) can be surprisingly complicated, so I would recommend you consider seeking professional counsel on your specific situation before taking action. In the meantime, best of luck with the construction of your new Cape Coral home.
Eric P. Feichthaler has lived in Cape Coral for 28 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 14 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.