Q: I have a neighbor with overgrown trees. We tried everything to get her to trim it. She doesn’t do that, and it drops debris into our lawns and disrupts our home. What are our options? – Greg
A: Dealing with your neighbor’s overgrown trees can be an irritating experience, especially when invading your property. Details may vary depending on local laws and regulations, but there are some general steps you can take to deal with the situation.
First and foremost, communication is important. You have already taken a great first step by getting closer to your neighbors in friendly, non-traditional ways to discuss the issue. Sometimes, a simple conversation can lead to resolution. From dropping your limbs to creating confusion, explain how it affects your property and see if you can reach a mutual agreement by trimming it.
This direct approach did not yield results and you may need to consider other options. If applicable, check the local ordinances or the homeowner’s association rules to understand your rights and responsibilities in maintaining the tree. In most areas, if the trees are on your neighbor’s property, but your limbs and roots are growing on your property, you have the right to return them to the property line, as long as they do not harm the overall health of the tree.
It is up to each owner on the side of the line to clean the fallen leaves, as if trimming the branches. The legal system has long established rules on how each neighbor maintains his property in a way that does not harm others, balancing the rights of each person to use his property the way he wants. A Florida court where I practice the law has been decided that “the land owner is not responsible for anyone outside the land due to the inconvenience caused by the trees and natural vegetation grown on the land.” The court reasoned that it would be better to allow an individual to protect himself if he is causing harm to another person’s reasonably using his property, rather than exposing others to an annoying and burdensome legal action. This is a wholesome reason overall, but when you’re the person who cleans up the mess, it can be frustrating.
This applies to your situation, so you can return the tree to the property line as long as it doesn’t damage it. However, you will need to continue cleaning up any leaves and branches that fall into your garden.
Board-certified Real Estate Attorney Gary Singer writes about legal issues in the industry and the housing market. To ask him questions, email him at gary@garysingerlaw.com or visit sunsentinel.com/askpro.
