Hedge on neighbor’s property

 
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Old 02-06-2024, 08:39 AM
Gpsma Gpsma is offline
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Originally Posted by JGibson View Post
Again show me something in “writing” that says you can cut your neighbor's shrubbery if it impedes your property.

I would think you would need to file a complaint with the district before you pulled out the hedge cutters.
Gallo v. Heller, 512 So.2d 215, 216 (Fla. 3d DCA 1987), which explained the common law rule:

“[A] 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.”
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Old 02-06-2024, 08:43 AM
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So if hedge is growing over your property then the 3’ rule may not have been in ARC rules at the time. We had to slightly change landscape plans to accommodate 3’ beds from lot line for our ARC approval
 
Old 02-06-2024, 11:35 AM
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Seems the tall hedge is super close to your property... You benefit from the very nice privacy from their hedge...Hedge owner prolly does not feel comfortable going, stepping on your side to do maintenance... Show appreciation, and contribute maintenance on your side, IMHO...

Last edited by Villagevip; 02-06-2024 at 11:50 AM.
 
Old 02-06-2024, 01:09 PM
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Originally Posted by JGibson View Post
Again show me something in “writing” that says you can cut your neighbor's shrubbery if it impedes your property.

I would think you would need to file a complaint with the district before you pulled out the hedge cutters.
I find that a little strange.
 
Old 02-07-2024, 09:03 AM
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Originally Posted by Marathon Man View Post
I find that a little strange.
What's so strange?

Before I cut my neighbor's hedges that impeded my property I want to make sure I’m on legal ground.

I’m not looking to get arrested for cutting personal property and want to go about it in the proper manner.
 
Old 02-07-2024, 01:04 PM
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Originally Posted by JGibson View Post
What's so strange?

Before I cut my neighbor's hedges that impeded my property I want to make sure I’m on legal ground.

I’m not looking to get arrested for cutting personal property and want to go about it in the proper manner.
That is exactly why I find it strange. The District does not enforce law.
 
Old 02-07-2024, 01:13 PM
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Quote:
Originally Posted by JGibson View Post
What's so strange?

Before I cut my neighbor's hedges that impeded my property I want to make sure I’m on legal ground.

I’m not looking to get arrested for cutting personal property and want to go about it in the proper manner.
Here is a summary of the Florida law pertaining to this topic, from this website: FE962/FE962: Handbook of Florida Fence and Property Law: Trees and Landowner Responsibility

SUMMARY
A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and other vegetation that had grown onto his or her property. If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the landowner of the property where the tree was originally located may be responsible. If a live tree falls onto the adjoining landowner's property, then the adjoining landowner is responsible for any damages.
 
Old 02-07-2024, 01:37 PM
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Originally Posted by JGibson View Post
Again show me something in “writing” that says you can cut your neighbor's shrubbery if it impedes your property.

I would think you would need to file a complaint with the district before you pulled out the hedge cutters.
I doubt it. It’s standard in most areas that nothing can overhang your property unless it is a utility line etc. You show me in writing that it is otherwise with regards to shrubs.
 
Old 02-07-2024, 01:45 PM
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Originally Posted by Velvet View Post
I doubt it. It’s standard in most areas that nothing can overhang your property unless it is a utility line etc. You show me in writing that it is otherwise with regards to shrubs.
See Post No. 40
 
Old 02-07-2024, 03:11 PM
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See Post No. 40
Makes sense. Thank you.
 
Old 02-08-2024, 09:06 AM
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Is there a height restriction on hedges?
 
Old 02-08-2024, 09:27 AM
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Is there a height restriction on hedges?
Yes, no higher than the bottom of the window to my understanding.
 
Old 02-08-2024, 09:29 AM
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Quote:
Originally Posted by retiredguy123 View Post
Here is a summary of the Florida law pertaining to this topic, from this website: FE962/FE962: Handbook of Florida Fence and Property Law: Trees and Landowner Responsibility

SUMMARY
A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and other vegetation that had grown onto his or her property. If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the landowner of the property where the tree was originally located may be responsible. If a live tree falls onto the adjoining landowner's property, then the adjoining landowner is responsible for any damages.
I appreciate this although it's a handbook citing case law.

Readers may value this handbook because it informs them about these rights and responsibilities. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. This handbook should not be viewed as a comprehensive guide to fencing and property laws.
 
Old 02-08-2024, 10:21 AM
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A way to handle it that may prevent any bad feelings, would be to ask if they know if the hedge/weeds are on their property or yours. You were thinking of spraying it but want to make sure it is your property.

A good diplomat is being able to tell someone to go to hell in a way that they look forward to the trip.
 
Old 02-08-2024, 10:21 AM
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Originally Posted by JGibson View Post
I appreciate this although it's a handbook citing case law.

Readers may value this handbook because it informs them about these rights and responsibilities. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. This handbook should not be viewed as a comprehensive guide to fencing and property laws.
True, but all laws are subject to revision. Even statutes are not permanent. They are sometimes overturned by case law. I think what you are seeking doesn't exist.
 

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