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Did This Really Happen?

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pcwilson

Junior Member
Pennsylvania.

This is one of those things that you never expect to happen to you.

The west edge of my house is 15 feet from the property line. Five feet beyond that property line, my next door neighbor built a fence (building the fence directly on the property line wasn't practical since it slopes downward - where she choose to build the fence is flat), therefore there is a 20 foot corridor between the fence and the edge of my house. We let this area grow wild with small bushes and trees, but it was by no means unsightly, it looked like a natural forest. The primary reason that we let it grow naturally was for privacy - blocks the view into the large dining room window - and we want to discourage anyone from walking from the street into the back through this corridor. By the way, the property line is marked with metal stakes protruding 3 feet out of the ground with orange caps on the top every 20 feet or so.

We never knew that this was a problem for our neighbor but yesterday while we were at work she had a landscaping crew completely level all of the growth in the 20 foot corridor (15 feet by 50 feet of which was on our property). This included bushes and trees, 2 trees with diameters of 4 inches and several smaller ones. I have not spoken to the neighbor yet - I want to calm down a bit first and see what my options are. It could have been an error on the part of the landscaping crew, but I doubt it. More likely, the neighbor thought that she was doing us a favor, but made no attempt to contact us.

My question is what recourse do I have in this situation?
 


OHRoadwarrior

Senior Member
I think requesting the weeds etc... be replaced is unreasonable. I suggest you explain why you let them grow and request she not have your weeds cut again.
 

pcwilson

Junior Member
Although growing naturally, the area had bushes, and trees in addition to weeds. And by way of additional explanation, her fence is solid so she cannot see the area from her house.
 

pcwilson

Junior Member
Another clarification. Behind both of our houses is a forest with giant trees, bushes and weeds. Rather than leveling the area between the houses myself, I allowed the natural forest to extent to the front of the house between the houses. As I said before, this was by no means unsightly. (Although someone down the block lets weeds grow in their yard and I think it unsightly and she calls it "natural" so everyone has their opinion.) But that's not the point. To trespass, and impose your style on your neighbor without consultation seems wrong.

There has to be something that I can do - maybe since it was there for my privacy and security, she should be made to pay for a fence that would serve the same purpose.

Do I have any recourse or can people go around cutting down other peoples trees at will?
 

csi7

Senior Member
Do you have any recent pictures of the area prior to the landscaping crew being there?
If so, then a letter to the neighbor with the important boundary markers pointed out, and that the landscaping crew took out your natural landscaping, will give you the facts of the situation to work with.
By using facts to explain the situation, you provide your neighbor with the information in a neutral way.
This may help you resolve the situation without it becoming a on-going problem in the future.
 

pcwilson

Junior Member
Take a deep breath and step away from the coffee. Read my previous response.
Done, done and done.

But again, not just weeds - bushes that have taken 3 years to reach their height and small trees, one over 10 feet high, that have been growing for 5+ years, all gone.

Please tell me why in your opinion I shouldn't take this further than a request for her not to trespass and destroy my property again. If she spray paints my car in my driveway because she didn't like the color or a better analogy, tows it away, do I simply make a request.

In your opinion, where is the line?
 

pcwilson

Junior Member
Do you have any recent pictures of the area prior to the landscaping crew being there?
I don't have any pictures but I don't think she or the crew will deny what they did. I have not contacted them to see what direction they received from her, nor have I spoken with her yet. As OHRoadwarrior suggests, I need to get the caffeine out of my system (and have a plan) before doing anything.
 

OHRoadwarrior

Senior Member
Please tell me why in your opinion I shouldn't take this further than a request for her not to trespass and destroy my property again. If she spray paints my car in my driveway because she didn't like the color or a better analogy, tows it away, do I simply make a request.

In your opinion, where is the line?
Assume you have recent pictures of the area. You go to your local nursery and get estimates on restoring the area. You now go to court. The judge asks you to present the bill showing what you paid to have the area landscaped. You reply, I paid nothing. The magistrate responds that your basis in the weeded area was nothing, therefore, you have lost nothing since the weeds and wild bushes will grow back. Your neighbor now hates you and tells the entire neighborhood what a nut job you are. You suddenly find none of your neighbors trust you for fear of a lawsuit.
 

pcwilson

Junior Member
By using facts to explain the situation, you provide your neighbor with the information in a neutral way.
I think the "after" pictures will serve the same purpose of stating the indisputable facts. I took them yesterday. It shows the property boundary markers and the remaining tree stumps with fresh cuts.

I'd like to ask you the similar question to the one I asked OHRoadwarrior, what am I missing? I am a reasonable person, always looking for the good in situations, rationalizing when I get screwed over, but in my opinion she has crossed the line. Maybe I'll see this differently in a week or so - and one of the reasons that I haven't gone over and banged on the door yet.

Why should she be allowed to get away with imposing her will on her next door neighbor? Why should I just have a (firm but) friendly discussion with her?
 

pcwilson

Junior Member
Your neighbor now hates you and tells the entire neighborhood what a nut job you are. You suddenly find none of your neighbors trust you for fear of a lawsuit.
I was actually going to tell some neighbors yesterday what a nut job she was for cutting my bushes and trees but refrained from doing so because we have to be neighbors.

I don't think the issue in court (and I don't want to go there for the reasons that you mentioned but I also don't want to be screwed over) will be my basis but what it will take to make me whole and the nursery bill and my landscapers bill to restore trees and bushes should be what I'm entitled to.
 

OHRoadwarrior

Senior Member
All we can do is give opinions. Ultimately, you need to determine the course of action you take. Good Luck, with what you decide.
 

154NH773

Senior Member
I agree with you, as I have done the same thing between myself and my neighbor. I like the way the natural growth has blocked my view of the neighboring property, and the trees have grown and completely blocked the view in as little as eight years; but that doesn't mean a court will grant you anything. She had no business or right to do anything to your property, and you should have some recourse.

The tree stumps should be proof of the size, and height of the trees, as well as their type. Have an arborist estimate the trees and shrubs removed, and give an estimate for their exact replacement.

If she won't pay the replacement cost, then take her to court. Small claims would probably be your best option.
 

pcwilson

Junior Member
Thank you 154NH773 for your opinion.

There's still a small chance that this was not done under her direction and the landscaping crew made the error so I think I'll go to her asking for their name and explaining the "irresponsible thing that they did".

As I type this, I wonder why, with the property markers so obviously visible, a third party landscaping crew, if given direction to cut down a neighbors trees and bushes by the next door neighbor, wouldn't knock on my door to ask whether it was alright. I would think that they'd fear legal action if the direction were unauthorized.

Should the landscaping company have cleared the area without my explicit permission when directed to do so by a neighbor? I'm thinking not.
 
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