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Mar 26, “My neighbor’s tree has branches crossing over my fence. Can you cut them back to their side?



I am a homeowner and need tree and landscape services at my home.



And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates.5/5. Jun 28, No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do.





Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Florida law prohibits a neighbor from cutting down a neighbor's tree or even entering a neighbor's property without permission from the owner. However, utility companies are exempted from this prohibition, under Section of the Florida Statutes.



To remove the tree, both property owners must consent.



Furthermore, some trees are protected under Florida law such as mangrove trees. Feb 26, Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so.

New Florida Tree Law – Chapter – Florida Chapter ISA. Recent legislative action, CHAPTERCommittee Substitute for House Bill No.has charged ISA Certified Arborists with the authority to advise residential tree owners about the potential risk their tree (s) pose to people and/or property prior to pruning or removal.

Instead, the neighbor can go ahead and trim the tree himself. In some states, however, neighbors may sue under certain conditions, including: If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done.





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