My neighbor is threatening to sue over branches from trees on my property.

Question

My neighbor is threatening to sue over branches from trees on my property.

Anonymous May 12, 2013 5 views 2 answers

The trees grow on my property and the branches cross the property line and are uncomfortably close to his roof. He says I am legally required to trim these branches and liable for damage caused by them in the event of storms, etc. What does Florida law say about his situation?

Accepted Answer · 2026-06-15T10:43:07+00:00

It is likely that this issue will be covered by the Landmark case of Gallo v. Heller which has recently been upheld in 2010 in Scott v. McCarty. The basic rule of these cases is that the tree owner is not liable for nuisance caused by the trees to neighbors, but neighbors can trim any branches and roots back to the property line. Of course, consult an attorney in your area prior to taking any action for liability purposes and see the disclaimer below.

Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed · Accepted Answer · 2026-06-15T10:43:07+00:00

Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed

Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed · Jun 15, 2026

Your neighbor is free to trim the branches hanging over the property line on his side. If he insists you are liable ask him where he went to law school.

0 upvotes

My neighbor is threatening to sue over branches from trees on my property.

Attorney Answers

Browse by Practice Area

Browse by State