Miami, FL asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida

Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will they be awarded for a DEAD shrub? Be sure to take pictures.

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