Gallo v. Heller: Be Very Cautious

By Joe Samnik, Samnik & Associates, LLC, "Expert Tree Consultants"

Gallo V. Heller is the Florida landmark case for self-help for
trees and tree parts encroaching into and onto the property
of others.

Gretchen Gallo asserts that certain trees growing on her
neighbors’, David and Beverly Heller, land have damaged
her property. Specifically, that Heller’s Ficus and Melaleuca
trees damaged Gallo’s roof and house, caused sidewalks to
crack, shaded certain vegetation causing it to die, and caused
a pet dog to contract a severe allergy.

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 neighbor’s
own expense, any encroaching tree roots or branches and
other vegetation which has grown onto his property.

Gallo V. Heller is not a carte blanche authorization to trim
trees or parts of trees, such as roots, at property lines. There
seem to be certain criteria involved with self-help which include:

1) ample notification to the owner of nuisance tree(s)
that action is pending and needed

2) do not trespass onto
another’s property,

3) the self-help cannot cause irreparable
harm to the nuisance tree or damage to property

4)the peace must be kept

When dealing with a client who is asking you to prune trees
or parts of trees belonging to a neighbor, on a property line,
it is always best to recommend that an attorney be consulted
before self-help action is initiated.