Question re: neighbor's tree(s)

[NotGolfer]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

[kkingston57]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

We have a large oak tree which overhangs two of our neighbor's property. I am not an expert but do believe that we are not responsible for those branches which go over their yard and two of my neighbors cut down the limbs which protruded onto their property.

If you feel it is dangerous, suggest getting it cut down ASAP. If if falls and hits someone, you could be held accountable.

[JMintzer]

Typically, you are responsible for anything that hangs over YOUR yard. It is YOUR responsibility to deal with the branches...

That said, just last month (in our full time home in MD), a neighbor's tree feel down in a storm, landing in our yard, just missing our house. It took out about 12 feet of stockade fencing. This happened on a Friday evening. I called our insurance company and they said that unless we could prove they knew the tree was dead, it was our responsibility...

We called the neighbors to let them know what happened. She vehemently apologized and Tuesday morning, a crew showed up to remove the tree and repair the fence. We tried to split the cost with her, but she refused.

My wife sent her a lovely fruit, cheese and chocolate basket as a thank you.

This is what good neighbors do...

Now, fast forward to TV... Our neighbor has a Crepe Myrtle that hangs over our roof and patio. It drops it's flowers and what not, staining our roof and patio. We talked to him about trimming it back. He seemed unconcerned. We then told him we'd take care of it, which was fine with him.

When our landscape guy came to trim out bushes and hedges, we asked him to cut back the crepe myrtle to the property line., which he did. The neighbor came out and complained that we cut too much of his tree... Oh, well... Different neighborhood, different neighbors...

[daniel200]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

You are allowed to trim the tree back to the property line at your own expense. The owner of the tree is not required to trim the tree back.

“possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner’s own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property”

There is a good summary of Florida law regarding this here that also discusses liability:

https://ablawfl.com/who-is-responsible-for-damage-and-removal-of-downed-trees/

[mtdjed]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.
Interesting discussion on your issue. It states typical positions but states that you should contact local officials.

We lived on a nice tree lined street in Marblehead, MA. Town owned and trimmed the trees on the street.(Town owned the electric company and street department)

In our backyard we had a similar tree which had its trunk on our property but had huge limbs overhanging other lots. A wind storm broke off a huge limb which fell and destroyed a large portion of our stockade fence. My responsibility. However, we found the tree to be damaged by huge colonies of carpenter ants. So, we decided to have the tree removed ($1800) which was totally my cost. Neighbor complained that I should have gotten her approval since it affected her privacy and endangered her property by disturbing the carpenter ants. We had simply told her that we were removing the tree. This all in same day we had people there to remove the broken limb.

[OrangeBlossomBaby]

The problem with cutting down branches that are attached to someone else's tree:

If it causes the tree to become unbalanced, then a hurricane could easily topple the tree - onto YOUR house.

If you cut the branches, and as a result, the tree topples onto the tree-owner's house, can they sue you for improper trimming? I mean around here, most people will hire a "handyman" to do this stuff. And most handyman don't know anything about proper crowning of a tree.

[Babubhat]

Generally any part that hangs over your property line can be trimmed but you can’t damage the tree. The risk is a future tree issue could result in litigation. Many legal summaries can be google searched.

Trees and Property Lines: 9 Things All Neighbors Need to Know for Storm Season - Bob Vila (https://www.bobvila.com/articles/trees-and-property-lines/)

[JMintzer]

The problem with cutting down branches that are attached to someone else's tree:

If it causes the tree to become unbalanced, then a hurricane could easily topple the tree - onto YOUR house.

If you cut the branches, and as a result, the tree topples onto the tree-owner's house, can they sue you for improper trimming? I mean around here, most people will hire a "handyman" to do this stuff. And most handyman don't know anything about proper crowning of a tree.

The hurricane would have toppled the tree, regardless... A few stray branches aren't going to save it...

[NotGolfer]

Generally any part that hangs over your property line can be trimmed but you can’t damage the tree. The risk is a future tree issue could result in litigation. Many legal summaries can be google searched.

Trees and Property Lines: 9 Things All Neighbors Need to Know for Storm Season - Bob Vila (https://www.bobvila.com/articles/trees-and-property-lines/)

All seem valid but then a question comes with #8. Also if the neighbor has already been contacted (it's been months) but has done nothing.....this can bring frustration! Hopefully the issue can be resolved!!

[rjm1cc]

Typically, you are responsible for anything that hangs over YOUR yard. It is YOUR responsibility to deal with the branches...

That said, just last month (in our full time home in MD), a neighbor's tree feel down in a storm, landing in our yard, just missing our house. It took out about 12 feet of stockade fencing. This happened on a Friday evening. I called our insurance company and they said that unless we could prove they knew the tree was dead, it was our responsibility...

We called the neighbors to let them know what happened. She vehemently apologized and Tuesday morning, a crew showed up to remove the tree and repair the fence. We tried to split the cost with her, but she refused.

My wife sent her a lovely fruit, cheese and chocolate basket as a thank you.

This is what good neighbors do...

Now, fast forward to TV... Our neighbor has a Crepe Myrtle that hangs over our roof and patio. It drops it's flowers and what not, staining our roof and patio. We talked to him about trimming it back. He seemed unconcerned. We then told him we'd take care of it, which was fine with him.

When our landscape guy came to trim out bushes and hedges, we asked him to cut back the crepe myrtle to the property line., which he did. The neighbor came out and complained that we cut too much of his tree... Oh, well... Different neighborhood, different neighbors...
Not my area but I think the explanation is correct from my past experience.

[mtdjed]

The hurricane would have toppled the tree, regardless... A few stray branches aren't going to save it...

Correct, more limbs, more potential damage. Common sense normally prevails. It is interesting to note that a neighbor who owns the tree is not necessarily responsible for trimming branches on your side of property line. I would normally as a curtesy pay for the whole tree if it was my tree.

I personally would not buy a house that had huge Live Oak Tree on the property or with limbs overhanging the property. Too much maintenance and liability.

Also have developed a dislike for Palm Trees. Too much maintenance. Have seen some yards with multiple Ligustrums that need to be trimmed often. Why burden yourself in your retirement to have more work as you age (or paid lawn maintenance)?

[skippy05]

Live oaks are strong strong trees that are native to Florida. Just trim on your side for cosmetic purposes and don't trim for other reasons.

[ehonour]

Live oaks are strong strong trees that are native to Florida.

Right. Something to remember is that the huge live oak you see has been growing in that place for well over a hundred years, even with hurricanes going through. It's not going to blow down easily.

Granted, a strong enough hurricane - Cat 4+ - can take out anything, but we're in the center of the state. Hurricanes weaken quickly when they hit land.

[msilagy]

I have a palm tree that some of the frongs hang over my neighbors CYV fence. She asked if she could cut them and I said "sure!"
Offer to cut the branches. I didn't even ask my neighbor in one CYV I just cut the bush branches that were leaning over the fence into my yard. They probably never noticed or didn't care.

[john352]

We have a large oak tree which overhangs two of our neighbor's property. I am not an expert but do believe that we are not responsible for those branches which go over their yard and two of my neighbors cut down the limbs which protruded onto their property.

If you feel it is dangerous, suggest getting it cut down ASAP. If if falls and hits someone, you could be held accountable.
I have a large oak tree in front of my home in The Villages that was planted in 2004. It does overhang my neighbor’s property, and I have had my tree professionally trimmed, especially branches that overhang my roof or my neighbor’s roof. As a courtesy to my neighbor, I tell them that when a tree trimming is scheduled, the workers will have to be on their property; I inform them via email so there is a record.

At the back of my property is a huge old-growth oak tree, and the trunk is on the golf course property. I occasionally have it trimmed to remove branches overhanging my roof, dead branches, and branches so low that they interfere with mowing the grass.

[Justputt]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

I would check with ARC before doing anything. I vaguely remember something about Live Oaks having some special status. Not sure if it's a Villages thing or State. Keep in mind the appearance of the tree after significant trimming may be much worse than leaving it. Personally, I wouldn't touch it unless it was a danger or problem.

[Txcottage]

I would love to have an oak tree providing shade for our home.

[rherb55]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

We had an issue with the tree behind us from the neighbors oak tree. We cut some of the huge branches that were almost to our lani screens. You can do that without getting in trouble. We already looked into this… before too long we’ll be cutting the other huge limb….

[lawgolfer]

You are allowed to trim the tree back to the property line at your own expense. The owner of the tree is not required to trim the tree back.

“possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner’s own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property”

There is a good summary of Florida law regarding this here that also discusses liability:

https://ablawfl.com/who-is-responsible-for-damage-and-removal-of-downed-trees/

I can't speak to Florida law. However, this statement is in line with what I was taught in law school. In addition to being allowed to cut the branches and roots back to a vertical plane on the property line, the neighbor is not liable if the trimming results in the death of the tree.

The general rule is that the owner of a tree or a branch which falls on the neighbor's property is not liable for the damage, absent negligence. Examples of negligence which would result in liability for a fallen tree or branch include the failure to trim branches; the improper trimming of branches; and, the failure to remove a dead or dying tree. Although rather far-fetched, the owner would also be liable for planting a tree that, although otherwise appearing to be healthy, was unsuited to the soil or climate conditions and failed to establish a root system that would allow it to withstand the prevailing winds.

Perhaps, the last example of potential liability is not that far-fetched. Our son lives in a town on the seashore south of Boston which is subject to high winds. Years ago, a particular type of tree was extensively planted on the hillsides for erosion control as these trees developed an extensive root system. However, as the trees grew to their full height, it became apparent that the trees would suddenly break-off at mid-height in a windstorm and not bend. Property owners have been warned to "top" these trees or face liability if a neighbor's house is damaged by a broken tree.

[jimjamuser]

Right. Something to remember is that the huge live oak you see has been growing in that place for well over a hundred years, even with hurricanes going through. It's not going to blow down easily.

Granted, a strong enough hurricane - Cat 4+ - can take out anything, but we're in the center of the state. Hurricanes weaken quickly when they hit land.
True about the center of the state, but NASA stated that this summer is the warmest on record. Therefore. hurricanes could become stronger each coming year and might reach into the center of the state.

[jimjamuser]

I would love to have an oak tree providing shade for our home.
They have benefits but also come with problems like dropping leaves into gutters all year and encouraging mold.

[Larchap49]

Just wondering what the thoughts are re: trees that over-hang lot lines. Our neighbor has a very large live-oak that's got limbs that arch over our yard. I did approach them about it awhile back and was told they'd take care of it. BUT so far, nothing has happened. It's concerning only because of the winds we have here. I like our neighbors and don't want to become a pain in toosh. We live in a "regular" neighborhood and not a villa one. Just looking for thoughts and if anyone has encountered this.

Florida law says your neighbor is not responsible for those over hanging limbs and also states you can have them pruned at your expense to the property line without his consent. It also says anyone he hires to prune needs your permission to come onto your property to prune, and don't be surprised if he asks you to pay for pruning what's over your property.

[kkingston57]

I would love to have an oak tree providing shade for our home.

Great shade, but thousands(if not millions) of acorns.

[newgirl]

I have The Villages trees in my backyard yard and branches were over my roof, it was my responsibility and cost to have them cut down.