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Did I have the legal right to cut tree limbs that were hanging over on the neighbors yard? Neighbor asked and I had them cut.

Lakeland, FL |

I am the property owner, I have a lease purchase agreement with another party. The lessee threatened me with trespassing for cutting overhanging limbs.

Attorney Answers 3

Posted

If your neighbor asked you to cut limbs that were hanging over into his yard, then you have every right to do so - you are an invitee on his property. Why would your lessee care that you cut the limbs? If you were on your own property cutting the limbs without having first obtained permission of the lessee to come on the property, then you were trespassing. Even though you own the property, once it is leased to another, your right to access are very limited.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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Florida law says yes you can cut tree limbs that are on your side of the property line. However it is unclear as to your specific situation and you should contact a real estate attorney to discuss your situation in further detail.

This answer is provided without full consultation and is suggestive in nature and not to be considered legal advice without entering into a formal legal engagement with an attorney. Before you decide, ask any lawyer to send you free written information about their qualifications and experience. This answer is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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You can cut off limbs from you neighbor's tree that hang over you property, but you cannot go across the property line to you neighbor's property to make the cut. If you are unsure of whether you actions violated Florida law, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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