New Port Richey, FL asked in Land Use & Zoning and Real Estate Law for Florida

Q: Can a neighbor cut or trim trees and shrubs that hang over his property but are growing on your property

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Sure; why would you think otherwise?

Barbara Billiot Stage agrees with this answer

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Real Estate Law Lawyer
  • Naples, FL
  • Licensed in Florida

A: You are asking about air rights. The Supreme Court in 1946 in United States v. Causby, 328 U.S. 256 (1946) said that the air is a public highway, as Congress have declared. However, landowners still maintain a property interest in the nonnavigable airspace above their land. That means they can cut those branches that are overhanging onto their property.

Barbara Billiot Stage agrees with this answer

Barbara Billiot Stage
Barbara Billiot Stage
Answered
  • Real Estate Law Lawyer
  • Rockledge, FL

A: Absolutely. They can also cut the roots that trespass onto their property as long as it will not destroy the tree.

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