Lakeland, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: I rent a home in a rural area on acreage for 10 years.There are many wooded areas with a variety of trees. My issue is

with the neighbor next door that moved here in 2014. She put up a short chain link fence on the property line and says her property extends 2 feet into my rental property. There are 2 dead small pine trees 2 living pines about 40 feet tall and 1 foot circumstance. She says I planted the trees so I am responsible for cutting them. I did not plant them. They were here before 2014. I contacted the landlady. She responded the neighbor needs to get a survey, if the trees are on the landlady property she will remove them. The neighbor doesn't want to pay for the survey at this time or tree removal. She says the roots are ruining her fence, and wants me to cut them myself. I am a small elderly disabled woman and I'm afraid of getting injured. Who is legally responsible for the trees?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You are not responsible. If anybody is responsible, it would be your landlady. but I don't see why she would be responsible either. If the trees are on her property she should remove them, if she desires.

Bruce Alexander Minnick agrees with this answer

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: Not only do I agree with the prior answer a professional tree company should be involved in removing 40 foot trees and it should be the responsibility of the property owner

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