Titusville, FL asked in Real Estate Law for Florida

Q: Doesn't a boundary tree (one that is growing on both properties) require permission of both property owners to remove?

Planted 4+ years ago, and has expanded onto neighbors property. They just cut down my tree to build a fence (we actually had a verbal agreement in place to pay their fence company to box in the tree). I have read that I can sue for devaluation of my property - this was a mango tree which just started producing this year - since I did not agree to it's removal. Is this consistent with Florida law?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If they crossed the property line in order to cut the line, they technically trespassed on your property. On the other hand, your tree "trespassed" on their property when it grew over the line. I think you will find it difficult to prove that this devalued your property, however, and if so: how much.

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