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 

[Caroline Gerardo]

1. Arborist expert to write up the trees are sick and danger of falling or hurting someone... Send copy to owner.

2. Hire two men to trim all the trees that bug you.

3. Send bill to owner and expect they never pay. 

[Sean K.]

Again not a lawyer but you should be cautious when trimming a tree even if it overhangs your property as the tree it is not your property and you are damaging it by cutting.

If tree falls it would be claim against your insurance not theirs in general.

Check with local zoning official as they might be able to point you right direction or help you out.

[Matthew Paul]

See your property line ?  Straight up is yours .Same with the dirt , straight down is yours . You can cut any branches that overhang your property . You can dig any roots in your yard . 

If a tree falls on your property from your neighbors property , it becomes your tree and your problem 

[Theresa Harris]

If the tree is hanging over the property line-you can cut those branches off.  If it is hanging over and overhead power line-call the power company and they should come and cut it back.

Call a tree company and post a note on the neighbour's front doors and tell them the tree company is coming on X day and will be cutting any part of the tree that is hanging over the property line.

[Ned J.]

You've done everything in your power to do... document it and then cut off everything that overhangs your property

[Colleen F.]

@Kevin Guild Lots of good advice. From experience I can tell you if a healthy tree falls it is your problem. Dead tree and you notified them you can try to get them to pay. Have good insurance you should require tenants to have comprehensive on their cars in addition to renters insurance. This covers acts of nature such as trees falling on cars, not all states require it. I could tell you lots of tree stories but just know the HOA or tree owner won't pay for these acts of nature. What happened with your fence is the way it goes.

[Tim Baldwin]

Under Florida law, a neighbor is not legally obligated to trim branches growing on your side of the yard, but you have the right to trim branches intruding into your yard, so you will be the one responsible in that regard. If the neighbor has a tree that is in dangerous condition, you can demand that the neighbor remedy the dangerous condition, and if that tree causes you damage, you can take action against the neighbor for the damage.