Flower Garden And Neighbor Threatening To Sue

[le3328]

Here is the situation

I own a small townhown in a new PUD and purchased the house 5 years ago. The contiguous lot to the north was vacant when I moved into my home with the builder unable to decide if he was going to build a home on the site. Within the year after I purchased my townhome I added a garden than encroached on the parcel to the north. The builder allowed the garden with no notice to me to remove the garden and in fact had the landscaping crew assist in adding mulch, pruning and edging as well as other garden duities. After two years the developer decided to build a small town home on the property and sold the property with a new home a year and half ago. The home was sold with part of my garden on the site along with some small tress. I want to note that prior to the sale as well as after the sale not one person notified me of any need to remove the flower garden. I continued to maintain the garden after the new home owners moved in and have done so until I recieved a notice saying they were going to sue me if I did not remove the garden by a certain date. This notice came in letter form in the mail but the notice was not certified. The letter stated that I am to remove the garden that is on the neighbors land and lay sod to return the site to what it was prior to the garden being there.
They are saying it is criminal tresspass and they will sue me for triple the cost to remove the garden themselves. As well they are trying to sell their home and it is currently being marketed on the multiple listing service.
Now here are my questions. what legal rights do I have? The garden was perminently attached to the real estate prior to the house even being built and the developer never told me to remove it, can the new owners after buying the home and land with the garden suddenly have a change of heart and sue me to remove it? And since they purchased the home and land with the garden on it does that mean that the garden I am maintaining is actually theirs and it encroaches on MY property?
I am really getting upset at the threats of a law suit. The garden is not an eye sore but an improvement to the site which is both on my land as well as the new owners land? have after a year or so can they do this? Would the developer have been responsible to have me remove it prior to the sale?
any help would be great... !!

 

[seniorjudge]

They are saying it is criminal tresspass and they will sue me for triple the cost to remove the garden themselves.

I agree.

Better do what they say as soon as possible.

 

[Zigner]

Why don't you put some sort of demarcation at the property line (I'm thinking those decorative stakes) and then maintain YOUR garden, leaving theirs alone?

 

[woodyga]

What makes you think you have any rights to use THIER LAND. Remove your encroachment A.S.A.P. If you needed more land for your garden you should have purchased more from your developer/builder.
Woody,

 

[LindaP777]

Us Law Only!

 

[VictorD]

They are saying it is criminal tresspass and they will sue me for triple the cost to remove the garden themselves.

I agree.

Better do what they say as soon as possible.

Yes, it's trespass. But why would the new owner be able to sue for "triple the cost"? (other than the fact that he can sue and try to get whatever he can).

What would be the legal basis for triple damages?

 

[Alex23]

That's pretty rude. They get to look at your flowers, and are trying to get you to improve their property for them so they can sell it.

If it was me, I'd say, "build yourself a fence and do your own landscaping."

 

[Mrs Bridges]

They get to look at your flowers, and are trying to get you to improve their property for them so they can sell it.

Oooooo, I don't think so at all. If they are trying to sell, I think they are just trying to reclaim the property which is rightfully theirs. New owners might not want a garden there at all. Prospective owners might look at the garden, assume that the land it was on all belonged to the neighbor, and therefore come to the conclusion that the yard they might be buying is smaller than what it actually is.

Also, when the property is under contract, the bank will have a survey done. And if the surveyor is not asleep at the wheel, then the garden encroachment will be discovered, and it may very well be a deal breaker. Any potential buyer might be scared away from fear of a possible "adverse possession" suit.

I think the OP needs to be grateful that she had free use of the land for all that time, and back off of land which is not hers. She might approach the owners and say, "Thanks for the use of your land. If I just retreat to my property line, and stop maintaining the part of the garden which is on your land, will that be sufficient?" I think it's worth a try.

One final note. In trying to stage a home to sell in this HORRENDOUS market, Best Practices say to remove all "your stuff" from the home. This includes your high-end coffee or latte maker off the counter, your art collection (which you think is wonderful), and your garden out back! I don't blame the owners from doing everything possible to try to move that home in this market. Also, the owners may have been advised by their realtor to have the neighbor remove the garden.