Live Oak Hanging over House

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Old 10-06-2017, 09:34 AM
omimom omimom is offline
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Default Live Oak Hanging over House

We have a live oak that I believe is on Villages Property. One big branch is hanging over our house. Does anyone know if The Villages will remove that branch?
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Old 10-06-2017, 09:44 AM
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Nope. They will let you pay to remove the branch so long as it doesn't injure the tree.
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Old 10-06-2017, 10:45 AM
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Here is the Florida rule regarding trees

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 is responsible. If a live tree falls onto the adjoining landowner’s property, then the adjoining landowner is responsible for any damages."

Now, the Villages might be willing to do more than the law requires. Noblesse oblige may work in your favor
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Old 10-06-2017, 11:52 AM
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Default Oak tree branch

Quote:
Originally Posted by omimom View Post
We have a live oak that I believe is on Villages Property. One big branch is hanging over our house. Does anyone know if The Villages will remove that branch?
Hi. In response, we lived in Oregon, trees, wow, we find here that the over hanging branches weighing thousands of pounds are taken very lightly, really sad and dangerous.
Earlier, we looked at a house that had a potential tree problem, in communication with the Villages, we found they were not at all concerned and took no responsibility for the dangerous tree. So we did not buy that house. It is still a very big danger. Sorry.
At this point, here is a suggestion. If you have a real potential problem, write a Registered letter or have an attorney write it to the owners and clearly point out that it is a hazard and point out to them you want it remedied immediately and they will be held responsible.
I believe then, you will be covered for the item. Then they cannot say they "did not know", verbal does not work in court.
Good luck,,,,,,,,,,,,,,,,,,,,,,,,,,,, bbbbbb
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Old 10-06-2017, 02:28 PM
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The overhanging branch is YOUR problem but you are entitled to remove it - at your expense.

Remember, the tree branch was overhanging your house when you bought the house.

At the time Mrs. Trap and I moved to The Villages, we looked at a very nice house (resale) that had a very large live oak tree close to the house. We told the agent to keep looking! Last year, a bolt of lightning hit that tree, splitting it and half fell through that house roof. We were VERY happy we did not buy that house.
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Old 10-06-2017, 02:45 PM
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Originally Posted by Sandtrap328 View Post
The overhanging branch is YOUR problem but you are entitled to remove it - at your expense....
What Mr. Trap said.

Letters to the contrary will not change the law.
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Old 10-07-2017, 09:26 AM
Miles42 Miles42 is offline
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No i had the same issue and paid to have them cut.
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Old 10-07-2017, 09:34 AM
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Quote:
Originally Posted by omimom View Post
We have a live oak that I believe is on Villages Property. One big branch is hanging over our house. Does anyone know if The Villages will remove that branch?
Before you pay to have it cut back, maybe it would be worth a phone call to the VCDD and talk to someone about it. They may opt to be a good neighbor, and then again they might tell you it's on you. I think it's worth a try.
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Old 10-07-2017, 09:47 AM
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Originally Posted by bagboy View Post
Before you pay to have it cut back, maybe it would be worth a phone call to the VCDD and talk to someone about it. They may opt to be a good neighbor, and then again they might tell you it's on you. I think it's worth a try.
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Old 10-07-2017, 10:57 AM
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VCDD/the developer/golf course management all have the same opinion -- our tree, your property, your problem. Deal with it. Only way they will deal with it is if the tree is dying and, even then, it has to be in its death throes.
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Old 10-07-2017, 11:10 AM
starflyte1 starflyte1 is offline
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Roots from a tree on the golf course raised my lanai floor. It cost a LOT of money to repair the lanai, and The Villages would not help. My mistake was not having the roots cut when I first notice damage.
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