Advice on How I Can Handle Disrespectful Neighbor

[usafdrew]

What is the name of your state (only U.S. law)? GA

I'm in the military and bought my first home 2 yrs ago. It is a small home on a zero lot line property. Ever since I moved in, I have had to deal with the one neighbor on the zero lot line being disrespectful of my property. It started when she would let her 3 dogs run loose on my lawn to mess everywhere daily. I was like she was encouraging them to mess on my lawn so she wouldn't have to clean up hers. Well, I finally asked her politely one day to please pick up after her dog messes on my yard and she got all snippy, but it worked. Later on, she decides to pressure wash the side of my home on the zero lot line without asking me (wants it to look pretty since sh has to look at it in her backyard). After asking her why she was doing it without my permission, she told me to F*** off and kept on. I thought about calling to police at that point because she could have caused water damage under my vinyl siding, but I dropped it since nothing was wrong. Now, I get back from a 6-month deployment and her vines are totally overgrown up the side of my home on the zero lot line to where they are up in the roof soffets. I can't trim them because they are in her backyard, nor do I feel it is my responsibility to.

I have written her a stern letter since after the F*** off incident, speaking with her is out of the question. In the letter, I recap all the incidents above (leaving many little ones out); school her up on the fact that although we live on zero lot line properties, the side of my home is NOT hers; and finally state that if she fails to stay off the side of my home, I will persue legal action.

Basically, I am tired of dealing with this headache. I want to live a normal suburban life with my wife, but it feels as though we always have to be on the defensive. It's stressful. My question is what legal action can I pursue to keep her off the side of my home if she doesn't get a clue from the letter?

Thanks.

[JETX]

First, I want to say THANK YOU for your service to our country and us.

Second, the best thing you should do is to avoid further direct confrontation and contact an attorney (maybe JAG) and ask them to write a letter to your neighbor explaining the problem and what repercussions she could face if she continues her conduct.

Third, if she still fails, some razor wire strapped to the side of the property might work. Tied to some M18A1's!!

[lizjimbo]

If JAG is smart they will tell you no way Jose? By asking JAG, and you may already know this, you might set yourself up for a stern lecture from the Post CO. The militarys job, by the way thanks also for your service, is to fight wars for US citizens, not wage wars against them.

You should retain a local CIVILIAN attorney and have him write the letter, That should solve the problem.

Good luck and stay safe.

[Kiawah]

You should not let any vines grow on your house. You own the house.

If you can cut a neighbor's tree where the branches are over on your property, then you can certainly yank ivy off your house.

[debtcollector`]

Originally Posted by lizjimbo

If JAG is smart they will tell you no way Jose? By asking JAG, and you may already know this, you might set yourself up for a stern lecture from the Post CO. The militarys job, by the way thanks also for your service, is to fight wars for US citizens, not wage wars against them.

You should retain a local CIVILIAN attorney and have him write the letter, That should solve the problem.

Good luck and stay safe.

Are you on drugs?

If a soldier visits JAG and asks about something they cannot do, they are not going to drag him into the Commanding General's office. They will, most likely, say: "We can't handle that for you. You need a civilian attorney."

JAG is a valuable resource for our service members. And while they may not be able to help with an issue, they can point a troop in the right direction.

DC

[usafdrew]

Thank you all for your replies.

After sitting on the letter for some time, I finally sent it certified and RRR today. The vines are now totally overgrowing and I just couldn't take her lack of respect for my property any more. Thing is, I believe she got the letter today and was very pissed as well because I found one of my solar Malibu lights broken on the ground like it had been kicked. This does seem like what would be her reaction too. So now I might have a problem with vandalism from this neighbor. Great. My question is that if she doesn't comply, now that I've asked her to trim back the vines, what legal recourse do I have to get her to do so?

I should add that in the neighborhood covenants, it states that zero lot-line properties will have an appurtenant roof overhang easement of 12" onto the adjacent property. Since the easement is appurtenant to me, does that mean I can legally order her to remove the vegitation from my home if I think it will pose a threat (insects, termites, etc.)?

[FarmerJ]

Drew I hate to say this but maybe its time to atleast explore what the cost would be to have a net based camera connected to a remote puter where it can be set up to record based on motion sensor and send the images on to third party who can moniter it for you or to so you are able to record any incidents of tresspass and that party can save for you any video feed it catches of tresspass. Yes its extreme but it appears she is going to do what ever it is she wants since she knows your not home alot. If Jag can give you either a opinion or direct you to someone who can , get a opinion about you pulling down the vines since they have to be growing them what ever they are called to slip up under the siding in order to climb your home.

[drewguy]

I would cut the vines yourself to the extent they are attached to your house, based on the analogy to the overhanging branches of the tree.

"Ordering" her to do it is unlikely to get the result you want, is likely to be costly, and may not be legally supportable. In most states, your remedy is "self-help"--i.e., do it yourself.

Seems like you've done all you can--I'd just get out there with some snippers or a saw and remove the vines.

If she bellyaches, tell her to put up a trellis on her property for the vines.

[izzie01]

Do the vines grow up on her house? Maybe she just likes the way the look on your house and doesn't really care what damage they could do to your home. I would trim them to the property line once, after that a good dose of herbicide when they start coming over the property line, yes it would probably end up killing the whole plant, but maybe its just a disease that killed it

[usafdrew]

Originally Posted by izzie01

Do the vines grow up on her house? Maybe she just likes the way the look on your house and doesn't really care what damage they could do to your home. I would trim them to the property line once, after that a good dose of herbicide when they start coming over the property line, yes it would probably end up killing the whole plant, but maybe its just a disease that killed it

I have no doubt she could care less about my home. She has already shown that in the past. However, after receiving my letter, I noticed she did remove the vines from my home, but she did not trim her plants back from the bottom of the side of my home. I'm guessing she figures that since her property line runs right up to my house, she can have those plants there.

Let me explain the situation now with those plants and if someone could reassure me that I am within my rights to get those moved back, wheather it's me that does it or her. These are more like runners that are starting to grow up the side of my home. If you've seen the movie The Ruins, you'll know what I mean. It is worrying me that it would be a prime way for termites and insects to enter between the slab and where the vinyl siding starts. Not to mention it is unsightly. Here is a picture of what it looks like. Keep in mind her property line is right up to my house, but the plants are physically on my home. So basically, am I within my rights to spray those plants? What if she retaliates? Does she have legal recourse? Thanks.

[URL=http://img5.imageshack.us/i/dsc00445dn.jpg/]http://img5.imageshack.us/img5/2466/dsc00445dn.jpg[/URL]

[izzie01]

I don't know about legal, but I probably would spray herbicide to get that stuff away from my home. Yes I would be concerned about termites, for prevention I found that some literature says to not let plants touch home and to remove mulch from foundation. I would be concerned with that growth on or near my home.

[url=http://www.termidorhome.com/TermitePrevention.asp]Termite Prevention Tips | Protect Your Home from Termites and Prevent Them from Coming Back[/url]

Tell her you are getting bugs in your home on that side of house and you think it's because, maybe, the plants that keep growing up your house allowing them a way in. Spray for bug outside around foundation, oops, I guess the plants didn't like the bug spray. Offer to plant a few non-climbing plants after you are sure the vines are good and dead. Maybe put down some weed barrier fabric on your side and landscape rock on top.

[154NH773]

I'm not offering legal advice, but I agree with drewguy that you may cut any plant that is touching your house. The roof overhang easement has nothing to do with this situation. I'd be very careful and avoid spraying anything on HER plants, that are on HER property.

[Kiawah]

Look into "Triox", to limit weed growth from your foundation. It takes about a week to work, so you can lay down a thin stream right along your foundation wall anytime it's possible.