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landscape damage in process of new fence

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tango

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

Our neighbors are in the process of tearing down the current fence between our properties and replacing it as part of a larger project with new pool, landscaping, etc. in their back yard. They spoke to us about the fence weeks ago. We had no issue with their plan, but specifically requested that a lilac bush on our side of the fence not be harmed in the process. They agreed. I saw the landscaping workers on Friday and reiterated that the bush was important and not to be harmed. They assured me that they would not touch it. We went away for the weekend and came back to find the bush completely removed. Our other neighbor said he saw the bush being removed by the landscapers under the direct supervision of the neighbor who told me it would not be harmed. We were very much distressed, both at the loss of the bush and at having been directly lied to twice. We rent the property, so we spoke to the landlord to see if he had given permission for its removal. He had not been contacted and was also quite upset at the landscape damage. What recourse do we have to get the bush replaced?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New Hampshire

Our neighbors are in the process of tearing down the current fence between our properties and replacing it as part of a larger project with new pool, landscaping, etc. in their back yard. They spoke to us about the fence weeks ago. We had no issue with their plan, but specifically requested that a lilac bush on our side of the fence not be harmed in the process. They agreed. I saw the landscaping workers on Friday and reiterated that the bush was important and not to be harmed. They assured me that they would not touch it. We went away for the weekend and came back to find the bush completely removed. Our other neighbor said he saw the bush being removed by the landscapers under the direct supervision of the neighbor who told me it would not be harmed. We were very much distressed, both at the loss of the bush and at having been directly lied to twice. We rent the property, so we spoke to the landlord to see if he had given permission for its removal. He had not been contacted and was also quite upset at the landscape damage. What recourse do we have to get the bush replaced?
**A: the bush belongs to your landlord so you have no claim.
 

FarmerJ

Senior Member
The only thing you can do is for your own records back up your conversation with your LL in a letter sent confirmed delivery so that way later on there is no way it can ever be claimed you had not notified him of the damage to his property.
 

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