Nuisance: Encroaching Branches and Roots From Neighbor’s Tree

Scott v. McCarty, ___ So. 3d  ___, 35 Fla. L. Weekly D1726 (Fla. 4th DCA 8/4/10)

The Fourth District Court of Appeal refused to deviate from Gallo v. Heller, 512 So. 2d 215 (Fla. 3d DCA 1987), which held that the possessor of land is not liable to adjoining property owners in nuisance for encroaching three roots, branches, or other vegetation.  The adjoining property owners’ remedy is to trim back, at their own expense, the encroaching vegetation.  This approach advances the public policy of avoiding litigation between neighbors.