Florida Laws on Property Disputes Between Neighbors

Below is a summary of state laws regarding neighbors and trees in Florida. Realize, however, that your city or municipality might have passed additional rules regarding tree owners' responsibilities and liabilities.

Florida Tree Damage Laws

In Florida, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace it). To learn what you must prove in order to get actual damages, see When a Neighbor Damages or Destroys Your Tree.

But not everything done to your tree might be considered "damage." In particular, under Florida common law, a neighboring property owner who's not happy about overhanging branches or roots may trim them back to the property line (at personal expense). You wouldn't be able to sue such a neighbor.

Relatedly, if a tree is on a boundary line between two properties, then a neighbor who removes it could face liability for the "reduction in value of the land resulting from removal of the tree," as well as for the "loss of the ornamental value and creature comforts" it provided. (See Elowsky v. Gulf Power Co., 172 So.2d 643, 645 (Fla. 1st DCA 1965).)

In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree, but Florida laws do not. In addition, in states other than Florida, intentionally damaging a tree is a crime and can result in arrest, jail, fines, and other penalties. That said, general Florida criminal statutes, such as those related to theft or property damage, could still apply when someone damages your tree.

(To learn more about damages and criminal penalties in tree injury cases, see When a Neighbor Damages or Destroys Your Tree.)

Florida Boundary Fence Laws

A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Fences and Neighbors FAQ.

Florida does not have a specific law defining and regulating boundary fences, but there might be a local ordinance (in your city, county, or town) that does. These are likely to regulate things like height, permitted materials (particularly in hurricane-prone areas), and permit requirements. Also realize that Florida, like most states, permits lawsuits over "spite fences," which serve no essential purpose (and might be extra high or obnoxious) but are sometimes built by feuding neighbors. (See What's a Spite Fence and What Can I Do About the One My Neighbors Built?)

Florida Right to Farm Laws

All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws (laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example). States vary as to how "farming" is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. Some states also list specific things (for example, odor, noise, or dust) that don't constitute a legal nuisance when they're a byproduct of farming or agricultural activity. You can find Florida's right to farm statute in the table below. (To learn more about right to farm statutes, see Rural Neighbors and the Right to Farm.)

For other Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview.

To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by the Editors of Nolo.