Can I make my neighbor trim his tree Florida?

Florida law prevents you from cutting down a neighbor's tree or even entering a neighbor's property without the owner's permission. However, utility companies are excused from this prohibition under Section 163.3209 of the Florida Statutes.

Can I make my neighbor trim his tree California?

You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.

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Agreement Between Adjoining Landowners Regarding Encroachment of...

Palm Beach Florida Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes

Name: Palm Beach Florida Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes
Brand: US Legal Forms
Rating: 4.59 (300 reviews)

Category:

Real Estate - Encroachments

State:

Multi-State

County:

Palm Beach

Control #:

US-01138BG

Format:

Instant download

Description

A encroachment occurs when a portion of adjoining real property owned by Owner A hangs over the property line of Owner B's premises or physically intrudes onto Owner B's premises. The actual structure that encroaches might be a tree, bush, fence, a building, or other fixture. In this agreement, Owner B agrees to allow such an encroachment. However, this consent of Owner B shall remain in force and effect only so long as the encroaching material shall remain; on their removal or destruction, this consent shall terminate.

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FAQ

A. Yes, a landowner has the legal right to trim branches and limbs that extend onto their property line. However, Florida law allows tree trimming only up to your property line, and trimming is prohibited if it requires access to the neighbor's property or if it will destroy the tree.

Florida law prevents you from cutting down a neighbor's tree or even entering a neighbor's property without the owner's permission. However, utility companies are excused from this prohibition under Section 163.3209 of the Florida Statutes.

If the trunk straddles the property line (even if it has grown that way after starting out entirely on one side), then the tree is shared, and neither neighbor is permitted take action to trim, treat or cut down the tree without the other's consent, and both are responsible for it.

For example, an owner's tree roots encroach upon a neighbor's property. The neighbor removes the roots up to the property line. As a result, the tree becomes unsafe, and the owner has to remove it. The owner seeks money damages, claiming the neighbor unnecessarily removed roots, which caused injury to his tree.

You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.

The adjoining landowner may, at his or her own expense, trim back the branches or roots as he or she desires up to the property line. If the branches are dead, however, then the landowner with the tree located on his or her property may be responsible and could be liable for damages caused by the branches (1 Fla.

Adjoining Landowners Whether the tree is causing damage or not, if its branches extend beyond your property line, your neighbor has the right to trim your tree to the property line.

Your neighbour owns and is responsible for maintaining it, including any branches that hang over onto your property. If part of a tree trunk or part of any visible roots are growing across the property line, then it's a boundary tree. Both you and your neighbour jointly own it and are responsible for maintaining it.

Who owns a tree growing on a boundary? If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass).

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Your neighbor owns the tree. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person.The most common tree problems between neighbours include overhanging branches, tree litter, shading and intruding roots. If the tree's trunk sits wholly on Phyllis's property, it's up to her to decide what happens to the tree. Before the Trees Act, a common law action for nuisance had to be taken in the Supreme Court. Professional surveyors are responsible for completing these surveys. Land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and. Statements set out in Table 120.01. This is the only opportunity in the meeting for the public to ask questions.

Palm Beach Florida Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes

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Interesting Questions

What is the Palm Beach Agreement?

What does it mean for a tree or bush to 'encroach'?

Why would encroaching trees or bushes be a problem for adjoining landowners?

Who is responsible for maintaining trees or bushes that encroach onto neighboring properties?

Can the adjoining landowners simply remove or trim encroaching trees or bushes without permission?

What should adjoining landowners do if they notice encroaching trees or bushes on their properties?

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