Neighbors trees overhanging property lines

[Kevin Guild]

Intro:

I have sent two certified letters to both neighbors notifying and requesting they trim their trees. All have been returned by USPS not received although notices were left.

It is my understanding these certified letters are useful in small claims court by  showing a history of notifying and requesting they trim their trees. Whereas the neighbor's insurance company or the neighbor may be found responsible for paying future damages caused by their trees.

I have a rental house with two neighbors large trees overhanging on both the side fence and also the rear fence encroaching toward my newly re-screened pool cage. $$$

Twice in the past, one at a time, one tree in the rear crashed down through my 8' cypress privacy fence. Both times I ate the expense of repair after the neighbor eventually had the tree cut-up and removed. Note* Cypress fencing is no longer available since the Wuhan Flu outbreak.

Currently, these scrub trees growing taller exceeding my boundary just feet from the rear of my pool cage.

The side neighbor (rental house)  has a large oak tree towering high with branches exceeding  my fence and rapidly reaching for the pool area.
Needless to say, It is a constant battle picking-up leaves, sticks, and twigs.

The tenants do not speak English and have created issues in the past with caused by raising chickens, large tropical birds, pot belly pigs, etc,. Even had a rat problem in the past whereas I notified the Board of Health. I try to avoid this neighbor due to lots of activity of cars coming and going all weekends and week evenings.

After much effort and skip tracing I was recently able to locate the out of state owner of the property on the side and promptly sent another certified letter as earlier mentioned.

The big problem I may face soon is if I sell this property I may face issues from the buyer or buyers insurance company regarding these trees overgrowth,

Short of me digging in my pocket and paying for tree service there is also the issue of contacting the owners requesting permission to access the trees for trimming. I have called the out of state property owner which denies owning the property, and quickly hangs up the phone. Due to my research, it seems this owner claims a Homestead exemption on this Orlando, FL. property in addition to a split Home owner exemption on an additional out of state property for at least the past two years. I am not an attorney, don't know the laws, and do not know the limitations if there are any on this subject. .

An feedback of foresight, tips, thoughts, and suggestions on handling this issue going forward are welcome .

Kind Regards,

Kevin G.

[Randall Alan]

Quote from @Kevin Guild:

Intro:

I have sent two certified letters to both neighbors notifying and requesting they trim their trees. All have been returned by USPS not received although notices were left.

It is my understanding these certified letters are useful in small claims court by  showing a history of notifying and requesting they trim their trees. Whereas the neighbor's insurance company or the neighbor may be found responsible for paying future damages caused by their trees.

I have a rental house with two neighbors large trees overhanging on both the side fence and also the rear fence encroaching toward my newly re-screened pool cage. $$$

Twice in the past, one at a time, one tree in the rear crashed down through my 8' cypress privacy fence. Both times I ate the expense of repair after the neighbor eventually had the tree cut-up and removed. Note* Cypress fencing is no longer available since the Wuhan Flu outbreak.

Currently, these scrub trees growing taller exceeding my boundary just feet from the rear of my pool cage.

The side neighbor (rental house)  has a large oak tree towering high with branches exceeding  my fence and rapidly reaching for the pool area.
Needless to say, It is a constant battle picking-up leaves, sticks, and twigs.

The tenants do not speak English and have created issues in the past with caused by raising chickens, large tropical birds, pot belly pigs, etc,. Even had a rat problem in the past whereas I notified the Board of Health. I try to avoid this neighbor due to lots of activity of cars coming and going all weekends and week evenings.

After much effort and skip tracing I was recently able to locate the out of state owner of the property on the side and promptly sent another certified letter as earlier mentioned.

The big problem I may face soon is if I sell this property I may face issues from the buyer or buyers insurance company regarding these trees overgrowth,

Short of me digging in my pocket and paying for tree service there is also the issue of contacting the owners requesting permission to access the trees for trimming. I have called the out of state property owner which denies owning the property, and quickly hangs up the phone. Due to my research, it seems this owner claims a Homestead exemption on this Orlando, FL. property in addition to a split Home owner exemption on an additional out of state property for at least the past two years. I am not an attorney, don't know the laws, and do not know the limitations if there are any on this subject. .

An feedback of foresight, tips, thoughts, and suggestions on handling this issue going forward are welcome .

Kind Regards,

Kevin G.

@Kevin Guild

I have some info for you.  Your neighbor does not have to trim the tree on your side of the fence.  Even if the tree sits on their side of the property you are free to trim the trees that overhangs on your side of the property any way you like.  

If you notify the other owner that their tree is a dangerous tree ((ie it is rotting, dead, etc and endangers your property) and then it falls and damaged your property you have a cause for action against the other owner if they knew the tree was dangerous.  A request to trim the tree does not make it a dangerous tree, however.  And if you really thought it was a dangerous tree you might want to get something to prove it before it falls down (evaluation from a tree company, etc) and send it to them certified to the address on record with the county for the owners.  

We had a tree on another property blow down in a storm on our property… it would have been deemed  not their fault and we would have to turn to our own insurance if a claim was required).

That’s how I understand Florida does it.  But just for clarity, I’m just another landlord, not a lawyer. 

All the best

Randy