Today is another sunny day on the islands where we are excited to report cooler temperatures and low humidity. It’s always a nice change to have windows open and to wear long-sleeves again. Those local changes also indicate changes up north too, with cooler norther temps resulting in more inquiries and a boost in business here. Temperatures today were expected to reach the low 80’s before another cool front arrives tomorrow after a few showers. Then, temperatures are expected to go into the 50’s at night, with days in the 70’s.
Sanibel & Captiva Islands Association of Realtors®
Following the Association’s annual meeting yesterday, several new sales were announced during Realtor® Caravan. More new listings also are on the market.
The action posted in the Sanibel & Captiva Islands Multiple Listing Service follows a couple of news items below.
With holidays fast approaching, here are a few more upcoming events.
13th Annual Island Paws Howl-O-Ween Fundraiser – Tonite Oct 27 from 5 to 7 p.m. on the Over Easy Café patio to raise money for Gulf Coast Humane Society.
9th Annual 10K Race 4 F.I.S.H. – Tomorrow morning Oct 28 – Race begins at The Community House at 7:30 a.m. Periwinkle Way will be closed to one lane during the race.
Island Nights Fall Festival – Tomorrow Oct 28 from 3 to 9:30 p.m. at Casa Ybel Resort with local vendors, life music, food, rum and craft beer samples, dessert station, face painting, henna tattoos, bounce house, pumpkin bowling, pumpkin painting, goodie bags, & a movie.
Trunk or Treat – Tuesday Oct 31 from 4 to 6 p.m. at Sanibel Community Church.
Fall Family Festival – Tuesday Oct 31 from 5 to 7 p.m. at The Community House. A bag of candy gains admission where costumed families will win prizes, enjoy carnival games, a hay ride, and get hot dog and burger dinners.
24th Annual Esperanza Woodring Memorial Cast Net Rodeo – Saturday Nov 4 beginning at 8:30 a.m. at The Bait Box. Free family event with free lessons, youth competition, refreshments, music, and raffle.
Thanksgiving Beach Walk – Thursday Nov 23 from 8:45 to 10 a.m. with Doc Bruce, Sanibel Sea School, 414 Lagoon Dr. Walk the beach with him, learn about the eco-system, and explore creatures found along the way. Free & kid-friendly.
Sanibel Update on Hurricane Irma Vegetative Debris Collection
As of Wed, mySanibel.com reports that the “first sweep” of the island is 93.35% complete with 78.08 miles out of the 83.64 miles of roads completed. 28 streets (or a portion) out of 256 public and private roads remained to be done with two streets remaining due to sagging Comcast lines. City crews are using small vehicles to collect the debris on the roads blocked by Comcast lines.
Stump removal and a final “mop-up” collection of hurricane-generated debris will be next with hours of operation changing on Monday Nov 6.
Property owners are reminded that vegetative debris generated as part of routine maintenance is to be disposed consistent with pre-hurricane collection methods. Bagged or containerized residual debris will be collected by the regular hauler on regularly scheduled horticulture collection days.
Vegetation Trimming on Periwinkle Way
Notice from City of Sanibel – “From Monday Oct 30 through Friday Nov 10 from 7 a.m. to 5 p.m., the vegetation along Periwinkle Way will be trimmed from Lighthouse Beach Park to Tarpon Bay Rd. Intermittent lane closes are expected. Drivers and pedestrians, please proceed slowly and cautiously through areas when workers are present.”
Are Your Neighbors Trees Growing On Your Property?
Anyone who knows where I live, recognizes that I like my yard neat and trimmed. Thankfully, my landscaper does a good job of keeping it that way. One of my neighbors, on-the-other-hand, prefers the jungle look. Sometimes a few of their trees, a big one in particular, grow out over my property.
Some years, during my annual fall “big trim”, I have paid dearly to have some of “their” branches cut back. This year, however, Hurricane Irma did a nice job of taking care of that task for me. Even so, the below article by Donald Thompson, posted on-line Oct 18, 2017 on the Legal Scoop Blog of Henderson Law was of interest. Maybe it applies to your situation too.
“Your neighbors are proud of their beautiful, large fruit trees, which are now growing substantially over your property. The trees have grown so large that a number of branches extend over your house, tool shed, and other improvements, which you believe results in a dangerous condition, not to mention rotten fruit dropping on your patio. What are your options: force the neighbor to remove the tree extending over your land, sue for damages, or something else? You may be surprised.
“In Florida, a possessor of land is not liable to others outside his land for nuisance caused by vegetation growing from his land over adjoining properties. Scott v McCarty, 41 So. 3d 989 (Fla.4th DCA 2010). Therefore, your neighbor has no duty to remove or even trim the tree branches that encroach onto your property.
“However, as the adjoining property owner, you have the privilege to trim back, at your expense, the offending (encroaching) tree, roots, branches, and other vegetation. Gallo v Heller, 512, So. 2d 215 (Fla.3d DCA 1987). Maybe this does not seem fair. You may wonder why you must pay to cut your neighbor’s trees that she allowed to grow over your property. The rationale appears to be grounded in common sense and public policy. Courts recognize that allowing such a claim would likely result in innumerable, and in many instances, vexatious lawsuits. In fact, one case reasoned that departing from the precedent would invite further litigation between neighbors, which as a matter of public policy should be avoided. Scott v McCarty, 41 So. 3d 989 (2010)
“Options – If your neighbor’s tree is growing onto your property, as a general rule you may trim the vegetation that extends onto your property. However, you should not cut any portion of the tree on your neighbor’s property and should not enter onto your neighbor’s property without consent. In fact, you should chat with your neighbor first and discuss what you intend to do. Even if your neighbor disagrees, and the matter ends up in a courtroom, a judge is likely to look favorably on your attempt to amicably resolve your disagreement.
“Exceptions – Of course, there are exceptions to most general rules. In Sullivan v Silver Palm Properties, Inc., 558 So. 2d 409 (Fla. 1990), the Florida Supreme Court cites at least two cases which held a landowner responsible for maintenance of trees and vegetation obstructing motorists’ view of a stop sign. The Courts reasoned that overhanging vegetation which blocks traffic control devices presents an imminent danger, and that a duty to remove vegetation obstructing critical traffic control signage is common sense. Also, the general rule in Florida of no duty or liability of a neighbor for overgrown trees is not the rule followed in all states.
“Other matters to consider before taking action may include:
- review municipal or county ordinances, if applicable;
- investigate and consider the possibility of removal of vegetation on your property causing damage to your neighbor’s property; and
- use common sense.
“These types of claims can be fact driven and varying facts may affect an outcome in court. If in doubt, be sure to seek a competent attorney to assist you. If you have any questions or concerns regarding this issue, please feel free to reach me at firstname.lastname@example.org or by phone at 239-344-1369.”
Good Info From The Shell Museum
Last week, Bailey-Matthews National Shell Museum held another educational event for those wanting to become Shell Ambassadors. You may have seen those folks on the beach, wearing blue tee-shirts and helping those shelling. One of these days, I hope to become a Shell Ambassador too, but in the meantime, I thought one of their handouts had some good info. Aka Important Contact Information, it includes some number that might come in handy if you see injured wildlife or perhaps a tourist violating a local rule. I’ve added the info to my website “Useful Phone #s & Links” tab. FYI, here it is:
- Injured land animal – CROW 239-472-3644 x222 or FWC Wildlife Alert 888-404-FWCC (3922) or *FWC or #FWC on mobile phone
- Sea turtle problems – SCCF Sea Turtle Hotline 978-728-3663 or FWC Wildlife Alert 888-404-FWCC (3922) or *FWC or #FWC on mobile phone
- Manatee & dolphin problems – FWC Wildlife Alert 888-404-FWCC (3922) or *FWC or #FWC on mobile phone
- Active code violations on Sanibel (like live shelling, littering, leash law, feeding/harassing wildlife, destroying beach/dunes, picking native plants, etc.) – Sanibel Police non-emergency 239-472-3111
- Passive code violations on Sanibel (like abandoned beach furniture, large amounts of garbage, etc.) – Sanibel Code Enforcement 239-472-4136
- Live shelling on Captiva & causeway beaches – FWC Wildlife Alert 888-404-FWCC (3922) or *FWC or #FWC on mobile phone or Lee County Sherriff non-emergency 239-477-1000 • Full Outside bar opens at 10pm (cash only) Wristbands: $10 at entrance cash only (must be 21 years of age or older with wrist band only for admission). Costume Contest winners announced at midnight! Cash prizes awarded to 1st ($1,000), 2nd ($500), and 3rd ($250) of best overall costume. Other prizes to include free night stays, dining credits, Cabana rentals, Jet Ski and parasailing vouchers and more! Dinner before party? Why yes, with both Crow’s Nest and Captiva House accepting reservations now at 472.5161!
Sanibel & Captiva Multiple Listing Service Activity October 20-27, 2017
No new listings.
5 price changes: Sundial West #H409 1/1 now $465K, Island Beach Club #P1A 2/2 now $639K, Cottage Colony West #132 1/1 now $654K, Cottage Colony West #108 1/1 now $654K, Pointe Santo #B2 2/2 now $815K,
4 new sales: Spanish Cay #E3 2/2 listed at $369K, Sanibel Siesta #303 2/2 listed at $529K, Shell Island Beach Club #7B 2/2 listed at $820K (our buyer), Nutmeg Village #100 2/2 listed at $1.07M.
1 closed sale: Villa Sanibel #3C 2/2 $630K.
3 new listings: 5299 Ladyfinger Lake Rd 3/3 $698K, 921 Strangler Fig Ln 3/3.5 $995K, 1743 Jewel Box Dr 3/3.5 $1.2M.
6 price changes: 1390 Middle Gulf Dr 3/3 half-duplex now $499K, 1943 Sanibel Bayou Rd 3/3 now $649.9K, 5657 Sanibel-Captiva Rd 3/2 now $895K, 1304 Eagle Run Dr 3/3 now $1.199M, 1672 Hibiscus Dr 3/2 now $1.295M, 1149 Paper Fig Ct 4/3 now $2.245M.
2 new sales: 4775 Rue Helene 4/3 listed at $799K, 1270 Bay Dr 3/2 listed at $1.349M.
2 closed sales: 1550 Bunting Ln 2/2.5 $622K, 3728 West Gulf Dr 5/5 $2.325M.
No new listings:
3 price changes: 2486 Wulfert Rd now $179K; 412 Tiree Cir now $349,555; 2401 Blue Crab Ct now $699K.
1 new sale: 1415 Sanderling Cir listed at $398K.
No closed sales.
No new listings or price changes.
1 new sale: Beach Villas #2523 1/1 listed at $539K.
No closed sales.
1 new listing: 14865 Mango Ct 2/2 $979K.
No price changes, new sales, or closed sales.
Nothing to report.
This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.