Tree removal on private road.

[zanzan710]

What is the name of your state (only U.S. law)? Florida
Ok we live at the end of a so called private road. No easement listed in the deed the road was made when the property was divided. We have a very narrow passage between a tree and a fence. the fence is the neighbors and has nothing to do with the road the tree however does we need it to be removed to get our house put on our property.being the nice people we are we fixed the road that every one was complaing about but wouldn't put up the money to fix and now that we need a tree down we went and talked to the guy whos property is by to let him know we were going to take it down and he told us we were not going to take HIS tree down and that we would have to take him to court if we wanted it down. From what I have gathered it isn't his tree am I correct? Can we take the tree down with out his permission? and If I have to find the owner of the road how do I go about finding him? thanks

 

[LillianX]

Helpful hint: Offer a financial incentive to the owner of the tree.

 

[Zigner]

What is the name of your state (only U.S. law)? Florida
Ok we live at the end of a so called private road. No easement listed in the deed the road was made when the property was divided. We have a very narrow passage between a tree and a fence. the fence is the neighbors and has nothing to do with the road the tree however does we need it to be removed to get our house put on our property.being the nice people we are we fixed the road that every one was complaing about but wouldn't put up the money to fix and now that we need a tree down we went and talked to the guy whos property is by to let him know we were going to take it down and he told us we were not going to take HIS tree down and that we would have to take him to court if we wanted it down. From what I have gathered it isn't his tree am I correct? Can we take the tree down with out his permission? and If I have to find the owner of the road how do I go about finding him? thanks

I'm sorry - but how do you expect US to determine if it's his tree or not?

 

[zanzan710]

We have offered him money and to fix the road but he refuses. He has it in his mind that the three people that live beyond that tree are going to build a trailer park down there and he doesn't want anyone to drive past his house. I wouldn't have a problem with the tree but we have to squeeze past it even in a small car my husbands truck will not fit down there not only that but we can't have our house built or even put a mobile home there because of that tree. I don't want to take him to court but we have to be able to utilize our land.

 

[divona2000]

...we live at the end of a so called private road. No easement listed in the deed the road was made when the property was divided...

First you need to find out about the road you are using to access your property, get the ownership/easement/usage legally confirmed.

 

[zanzan710]

How do I go about doing that?

 

[divona2000]

This may help.
https://www.agentxtra.net/extranet/SingleSource/content/StateLaw/Florida/Manuals/FloridaUnderwritingManual/StreetsAndRoads.htm