Florida tree law

Although I'm not an attorney and you should probably talk to yours about this; it seems this a lot like the case of the old dead rotten pinetree that is leaning over and hanging over your home. Your tree surgeon confirms that this tree is a hazard (an accident waiting to happen) and after you express your concern about this to your neighbor, a small storm comes by and blows the tree over onto your home causing significant damage. Here you might have a tort case and you might be able to recover damages from your neighbor under liability claim.

In the past, the courts didn't want to hear any cases about damage due to overhanging trees, tree limbs, or tree roots that encroached another resident's foundation, but more and more states are changing. This year in Virginia, there was a case that (I believe) went to the Virginia supreme court that might change the status quo. It seems that in the future that we're going to have to be more responsive, attentive, or more mindfull that our trees might be causing damage to our neighbors homes.

Some trees will outgrow their location and after a while they are just totally disprotionate to the home and the land where they are planted. IE - My neighbor has a giant Maple Tree that is planted in a small 8ft x 8ft area and everything else around it is concrete and ashault. The drip line of the tree goes way over my property and over my driveway. I'm really not crazy about all the birds that frequent the tree and make my Yukon look like it just went through a flock of seagulls. I'm sure that a windstorm will take this tree out soon, and I will express my concern to my neighbor about this same issue.
I just hope that my truck is not parked under the truck when the storm comes.

I couldn't find any references on Florida law regarding this subject, but I'd be interested to know more about their position on this issue.

It's also a well known fact that most jurisdictions in Florida have very strict laws about tree removal where you might have to get a permit to remove a tree on your own property.

Here's in interesting site for you.
http://www.treeandneighborlaw.com/main/

I'll be following this post.

Can't speak to FL law, but here's what I recall from my 1st year Property course:

1. Overhanging branches from a neightbor's tree is an encroachment.
2. The neighbor should be asked to correct the encroachment.
3. If neighbor refuses to correct, encroachee has the right to make corrections.
4. Juristictions may vary as to who is responsible for the expense of corrections.

NOT from my 1st year Property course:

5. It's always good to document disputes.
6. It's always good to seek cooperation rather than confrontation.
7. The law is a jealous mistress.
8. Home Depot, Lowes and like-minded shops sell and often rent ladders and chain saws.
9. For those not inclined to medium heights and/or operating dangerous machinery often hire 3rd parties to do the dirty work.

Good night and good luck.

Didn't think roundup worked that way. It is supposed to be deactivated when it contacts soil although it is a systemic.

And then you have a dead branch hanging over your house. This is an improvement?

well, it does take away about 4/5ths of the arguements about shade, fruit bearing, nice and green, etc..

Thanks everyone. Your replies helped a lot.

Stacy