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Old 01-07-2015, 12:11 AM
 
2,886 posts, read 5,825,184 times
Reputation: 1885

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Quote:
Originally Posted by himain View Post
If it's on their property line-they need to maintain it. Trust me-I've been through this with my parents and their neighbor
Nope, Tallrick is correct. They do not need to trim what is not on their lot. Have you ever heard of the saying "your tree my problem". I believe the reason for the law was to keep people from trespassing on to other peoples property and also due to injuries and accidents. Each individual owner is responsible for their area. It might not seem fair but it avoids other problems like I mentioned.

FYI In agricultural areas you are not allowed to keep the fruit even if they hang into your lot or are on the right-of-way. Many people believe that what hangs on the right-of-way is fair game but they are wrong. Even those fruits belong to the owner of the tree. There are laws on that but most people do not know about them. There are people that collect fruit from branches that hang on the right-of-ways and they could be prosecuted and even be shot without them knowing that they have done something wrong. That is why it is best to play it safe and not get anything unless it is yours, you bought it, or it was given to you by the owner. In agricultural areas the county many times allows farmers to use the adjacent right-of-ways for agricultural purposes.
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Old 01-07-2015, 04:02 AM
 
2,790 posts, read 6,130,124 times
Reputation: 2732
I have several certified arborist friends. I live in Miami-Dade county. The law states that any branches over the property line should they cause damage, etc. are NOT the responsibility of the owner of the tree. You have a right to cut any branches that intrude onto your property.
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Old 01-07-2015, 04:35 PM
 
Location: Lovely swampy humid Miami!
1,978 posts, read 4,408,472 times
Reputation: 1066
Use this tool


Eat lots of avocados





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Old 01-07-2015, 05:02 PM
 
Location: Coastal Georgia
50,378 posts, read 63,993,273 times
Reputation: 93344
I also think you can trim off any branches that overhang. I know this puts the burden on you, but so be it.
We have a Bradford Pear in our back yard and some branches overhang the people behind us. Every so often, the guy rings our bell and asks us to trim the branches that are in his yard. The trouble is, if we sawed off these branches on our side, there is a danger of damaging his fence. That's a can or worms we don't want to open, so we don't do anything. I could not care less if he wants to saw off all the branches on his side of the fence.
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Old 01-08-2015, 07:25 AM
 
1,257 posts, read 1,866,647 times
Reputation: 690
You have to try the good neighbor approach first. You don't want to **** the people off. If they are resistant to cooperate then contact the County, get your rights in writing and send them a certified letter stating that since they do not want to cooperate you have no choice but to assert your rights. The last thing you want is a neighbor that you can't deal with. May be you should suggest that they work with you to get the tree trimmed in a way that makes both of you happy. If you need to have it professionally done then it might be best to offer to pay to have it done. It's a lot cheaper than a legal fight.
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Old 01-08-2015, 07:29 AM
 
Location: Florida
4,103 posts, read 5,427,707 times
Reputation: 10111
Its literally raining money on your property......
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Old 01-08-2015, 12:45 PM
 
Location: North America
19,784 posts, read 15,114,106 times
Reputation: 8527
Move the car. 3 words, assumption of the risk. If you park you car in the same place, knowing the avocados will land on it, and do not mitigate the problem by moving said car, and avocados continue to drop on it, damaging your car, then you are assuming the risk of your car getting damaged.

...or not.

I'd park the car in another place, get a basket, collect the avocados, and sell them. Or have a great big guacamole party.
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Old 01-08-2015, 02:43 PM
 
2,886 posts, read 5,825,184 times
Reputation: 1885
Quote:
Originally Posted by thatguydownsouth View Post
Its literally raining money on your property......
Talk about first world problems.

In any other country everyone on the block would be fighting over who gets to keep them.
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Old 01-08-2015, 02:47 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34515
As someone experiencing the polar vortex in NYC, all I can say is, wow, what a problem to have I'd gladly place a make-shift tarp hammock over my car to catch those avocados to make a weekly serving of guac. Seriously, though, I hope that problem is taken care of.
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