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Posted by Don Phillipson on July 15, 2006, 3:12 pm
> New Port Richey, Florida
> This huge Mimosa tree (I heard it's a weed) about 100 ft high 75
> wide, completely blocks photons to all my veggies and the roots
> beginning to crack the patio foundation. It extends at least 30 ft over
> my yard.
> The backyard neighbor of course doesn't care. Hurricane season is
> here. Does anyone know my legal options?
1. Under common law, when a tree roots reach
underground from his lot to damage buildings on
your lot, you can require him to pay for repairs.
2. Under common law, you can cut down any
tree branches that extend from his land over yours.
The difference is that you cannot oblige the
neighbour to pay for tree surgery over your land,
even if its roots are in his land.
--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)
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