Protecting yourself and your property from neighbor’s overhanging tree
Dear Mr. Feichthaler:
My neighbor has a giant Royal Palm that is on her property but many of the branches hang over my property, including my house. The falling branches have come very close to falling on my house, and one time almost fell on me! I have asked that they keep the tree trimmed to avoid the falling branches, but they are letting nature take care of their tree maintenance. What can I do to protect myself, and my property?
-Evelyn K.
Dear Evelyn:
Many clients have had issues with neighbor flora that may cause damage to homes, fences, and may cause personal injury. The law in Florida is, if the branches of a tree ex-tend over the property line, you have the right to remove the branch up to the property line. You do not need to obtain approval from your neighbor to do this. Unfortunately, your neighbor is not responsible to pay you for expenses incurred in removal or trimming of the offending branches. However, if the tree is dead or otherwise “un-healthy,” your neighbor may be obligated to remove the tree at their expense.
With any issue like this, the preference is to avoid litigation and to resolve issues amicably. Assuming the tree is healthy, you can consider asking the neighbor to trim the tree back to the line, and advise you will do so if they don’t comply with your reasonable request. There could be a negotiation where you offer to pay for a portion of the needed service. We also are reluctant to advise a client to proceed with “self-help” in a situation like an encroachment unless there is absolutely no other alternative. In some situations, you may have a responsibility to the neighbor if you cause permanent damage to the tree. I would seek legal counsel to advise on your specific situation before removing any branches.
Eric P. Feichthaler has lived in Cape Coral for over 35 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 the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.
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.
To reach ERIC P. FEICHTHALER, please email news@breezenewspapers.com