Neighbor's tree need pruning badly

Neighbor's tree need pruning badly

Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes

One of my rental properties recently had a roof leak.  The leak is caused by lots of leaves and seed pods dropping from overarching branches from my neighbor's giant Royal Poinciana trees.  They have three of these planted near the property line on their side and the canopy from each one basically cover one third of my roof.  I see so much flowers, seed pods and leaves, they sit on the roof and with the daily rain in South Florida the debris completely carpet that section of the roof in a matter of days, and with the captured moisture it causes the shingle nails to rust a lot quicker over time.  We have someone that comes by to blow clean the roof once a month but that is not enough.

I know different states have different rules as far as who's responsible for damages caused by neighbor's fallen tree branches; as well as who should pay the bills for having these trees pruned not only for the fallen debris but also the hurricane season around the corner.

I would like to find the neighbor who owns the property and have a conversation.  May be offer to have the entire tree pruned (on both sides) and share the cost.

However, I can't find the right person to talk to.  The neighbor is a tenant, who is not very friendly or responsive...and he keeps three pit bulls in the yard, which scares my tenant, fortunately there is a fence in between.  A quick look at the assessor's web site says it's owned by Invitation Homes.  So that's a Black Stone property right?  Tried calling the corporate office and they point me to the Florida regional office, and the regional office says call the corporate office.  Going around in circles.  Who would ultimately make the decision for landscape maintenance on their end?  Would it be a PM they subcontract the work to?  How would I find out who that is?

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Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Hire a crew to cut anything that hangs over the property line.
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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    They're not likely to want to spend a dime, for "your" problem.  If you can vertically trim the whole thing from your side at the property line (tree company with a bucket truck)I'd do it.  Yes, Royal Poincianas are fast growing, messy, crap dropping pain in the a$$es.

  • Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    9y

    You can probably trim the limbs that are overhanging your property. If it were me, I'd make a reasonable effort to contact them and if that failed have the portion over my property trimmed.

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y
    Hire a crew to cut anything that hangs over the property line.
  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Here in Maryland if it hangs over your property , you can cut it .  Neighbor has no say about it . You own the airspace above your property for xxxx feet 

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Call code enforcement. The neighbor is LEGALLY responsible for anything that encroaches on your property. You cannot legally cut THEIR tree, but they CAN be held legally responsible to remove anything and everything that encroaches over the property line. 

  • Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    9y
    Originally posted by @John Thedford:

    Call code enforcement. The neighbor is LEGALLY responsible for anything that encroaches on your property. You cannot legally cut THEIR tree, but they CAN be held legally responsible to remove anything and everything that encroaches over the property line. 

    I'm no lawyer but I do not believe this is correct in FL (maybe it varies by municipality?).  If your neighbors tree falls on your house, or drops a limb on your house or property, they are not responsible.  I have never heard of anyone here forcing a neighbor to trim trees as part of a "code violation" either ... city has some arborist that will come out and look, and sometimes the city will trim them if its say over a road or power lines, but I've never heard of someone being forced by neighbors to trim trees.  We have a lot of mature trees and a lot of trees go down here too. 

    I also believe you are incorrect that you can't legally trim a limb that's hanging over your property.  Personally I would always ask the neighbors first just to be a good neighbor. 

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    @Walt Dockery

    The info I posted was just taught at Larson where I was attending class to take my brokers exam. I was surprised and have not tried to check with the city. I will check with them when I talk to them next week because I need to schedule a pickup anyways. I do agree about being a good neighbor!

  • Lender · Stuart, FL · Member since 2017 · 112 posts · 37 votes
    9y

    From what i understand they are responsible for it. I think each municipality has a series of contact points and if it is not settled they send someone out to trim and charge the property owner.

    However it may not be state law. But a call from the municipality might get more attention.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y
    Wow. A lot of different answers. our experience is you can cut your side. I was also advised that if the tree dies as a result that is too bad for them,not the trimmers issue. I have to say I have never heard of leaves causing a roof leak, must be a Florida thing.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Resolve the issues by first contacting the city. It is always best to talk to those that make the rules. 

    Guessing instead of asking is illogical. Additionally if the owner is a slum lord you will get zero cooperation but at the same time they could likely care less what you do to the tree on your side or their side for that matter as long as they don't have to pay.

  • Princeton, KS · Member since 2014 · 357 posts · 169 votes
    9y

    Interesting differences, depending on locales! Obviously, check YOUR local ordinances. You might also talk to a certified arborist in your area (not just a "tree-cutting guy"), as he/she would know how the city or county handles this type of issue on a routine basis.

    Here (very common), if it's over the property line on your side, you can chop it.

    I'd make a documented effort to contact the owner regarding your concerns; sounds like they don't care & won't respond, anyway. After that (if it's legal) chop that thing!

  • Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes
    9y

    @Sam Leon

    Ask your neighbor if it's cool if you take care of it

    Hire someone off CL for $25 to do it

    Problem solved

  • San Diego, CA · Member since 2015 · 273 posts · 226 votes
    9y

    Neighbor is a tenant, landlord is unresponsive.  Just cut it.  Prideful (or possessive) home owners care if you cut their tree even when it overhangs your yard.  In this situation no one will care and you will save your roof.

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    9y

    What tree? I don't know anything about a tree all I see is a stump.

  • Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
    9y

    If the law allows, vertically trim that bad boy all the way to the top from the property line.  Afterwards, have a bonfire and relax knowing you won't have to pay roof sweepers for a long, long time. 

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