Florida "Private Road" & Fence.

[dpeter1409]

What is the name of your state (only U.S. law)? Florida.
My corner fenced property backs up (on two sides -- north and east) to a private gravel road that is used by a group of neighbors. The neighbors "go around" my property to get to their homes. They do not have a homeowners association, but do pay the county to grade the road each year. There is a 6 foot space between my fence/property line and the road on both the north and east side. My east side fence is free from weed/vines coming from their easement and crawling over my fence because those neighbors spray/remove the weeds twice a year. But the north side has never been addressed, so I have awful Florida vines, etc. from their side growing over my fence and strangling my trees, bushes & plants.

I spoke to the neighbor who is the spokesperson for those residents about removing, cutting, or using Round-up to rein in those vines on the north side. I offered to remove the weeds/vines that are within 3 feet of my fence.

Here is what she said:
1. That I am to keep my plants trimmed to that they do not go over the fence. They do not.
2. Her neighbors want to keep this looking like a "country" setting and vines are a part of that life. Though she could not explain why the vines, etc were removed from half of their road, but not their other half.
3. The area is the easement to their private road and they get to determine what is trimmed, etc.

So apparently, they do not want me to do anything.

Do I have any recourse? This is sort of the "easement" for their road, but like I stated -- one side they keep free of these vines, but the other side is not.

Any information would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[seniorjudge]

What EXACTLY does the instrument (which you got a recorded copy of from the deed records office in your county seat) granting the easement say?

 

[AlmostALawyer]

If their plants vines are coming on to your property, you have the right to cut those vines on your property.

 

[seniorjudge]

If their plants vines are coming on to your property, you have the right to cut those vines on your property.

Please disregard this incorrect advice.

 

[AlmostALawyer]

Please disregard this incorrect advice.

How is this incorrect? I was told you own up to the heavens. If this vine is encroaching on to my property, why would I be prevented from cutting the vine at the property line?

Update: Seniorjudge, I say this with the utmost respect, I have searched the internet and I can't find any support for your position that you can't trim the bush that has encroached on one's property. I even found a thread on this site stating my position. Please advise.

 

[AlmostALawyer]

Please disregard this incorrect advice.

According to Gallo v. Heller 512 So.2d 215, 216 (Fla.App. 3 Dist.,1987):

"Second, the rule at common law and the majority rule in this country, which is followed in Florida, is that a possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property. Richmond v. General Eng'g Enters. Co., 454 So.2d 16 (Fla. 3d DCA 1984)"

This was the most recent case law I could find. However, if I'm overlooking something. Please let me know.

 

[seniorjudge]

What EXACTLY does the instrument (which you got a recorded copy of from the deed records office in your county seat) granting the easement say?

AAL, until we see that document, we can't say what is what.

 

[Some Random Guy]

If their plants vines are coming on to your property, you have the right to cut those vines on your property.

I think you meant, "you have the right to cut those vines on your property unless the easement document that is attached to that property says that you cannot do it."

Also,

I was told you own up to the heavens.

is also wrong. Proof of this is left as a exercise for the reader.

 

[seniorjudge]

Also,

I was told you own up to the heavens.

is also wrong. Proof of this is left as a exercise for the reader.

****
Yup
****

 

[AlmostALawyer]

Yes, it is one of those legal fictions you hear from your property law professor only to learn a list of exceptions. I was not intending the statement literally....I apologize for the confusion.

 

[JustAPal00]

My question is who owns the land that the road is on. If the OP owns the lane that adjoins the land that is under easement, how would that easement have any bearing on the OP's land. If the OP owns all or part of the land under easement, then the wording of the easement should matter.