Your neighbors are proud of their beautiful, large fruit trees, which are now growing substantially over your property. The trees have grown so large that a number of branches extend over your house, tool shed, and other improvements, which you believe results in a dangerous condition, not to mention rotten fruit dropping on your patio. What are your options: force the neighbor to remove the tree extending over your land, sue for damages, or something else? You may be surprised.
Is Your Neighbor Legally Responsible?
In Florida, a possessor of land is not liable to others outside his land for nuisance caused by vegetation growing from his land over adjoining properties. Scott v McCarty, 41 So. 3d 989 (Fla.4th DCA 2010). Therefore, your neighbor has no duty to remove or even trim the tree branches that encroach onto your property.