Neighbor planted vines on our retaining wall

[MtHoodRising]

What is the name of your state? Oregon

We had a natural rock retaining wall built about six inches inside of our property line along the back of our property at the time that our house was built a year ago to level the back of our yard. The wall is about five feet high in one corner and goes to about two feet high at the other corner. We then had a fence built on the top of the wall, which stands about two feet from the edge of the wall (needed due to posts being dug with 18" cement holes). Our house and wall were completed prior to the neighbors behind us buying their new construction home. What we have now discovered is that our neighbors have planted fast growing climbing vines below the wall that are climbing the wall and threaten to climb our fence below. We also do not want any plantings to encroach the two foot area between the top of the wall and the fence (this will potentially grow under the fence and into our expensive landscaping). We have approached the neighbors to get rid of the vines, but they refuse and say that the rock wall is an eye-sore. Does our neighbor have the right to plant these vines to encroach on our property and potentially climb our fence? Can I legally cut the vines off our wall or use Roundup to get rid of them? Again, the wall is 6 inches inside our lot line and the fence is at least two feet inside the lot line, so neither the wall nor the fence is shared property with the neighbor.What is the name of your state?

 

[moburkes]

Whatever is on your property you have the right to trim/treat. You cannot, however, treat with anything which will cause harm to the vines on their side.

 

[Ozark_Sophist]

And your neighbor has a right to put up a fence to block her view of the rock wall.

 

[ADBunting]

Seems a little odd...

Reminds me of people wanting to move the airport after they move next door. Did they already own the property when you built your fence?

In any event, I'm presuming we're talking about some kind of Ivy, right? If not, do you know what type it is? Some are definitely worse than others and some are seriously toxic or invasive. If the vines begin to damage the wall, which they are prone to do with their little intrusive tendrils, then you could potentially take the neighbor to court. Seems pretty dumb to have to do that, but hey...people have sued for less. It also doesn't seem fair that you should have to now take the time to circumvent this potential problem.

In the meantime you have to deal with the vine problem. You said that it's climbing the wall and the "fence below"? I guess I'm not getting the way you described how the two fences are oriented. Are the vines actually coming onto your side of the property and onto your second fence? Are they creeping under the block wall? If that's the case then you can definitely cut the vines back to the top of the wall, and if it were me, I'd use Round Up on anything coming under before they ruin the integrity of the wall and you have a bigger mess to deal with.

You might politely explain to the neighbors, via a letter so that you have it documented and then follow up with a personal contact, that if the vines damage the wall in the future they could be held liable for its replacement. Plus it sounds like if it did fall apart, who's property would it land on? Unfortunately a lot of people don't think that far ahead.

I would think that a hedge and some nice landscaping planted a little away from the wall would have accomplished the same thing. (Of course that would have been more expensive than a flat of Ivy.)

Unless the natural rocks are fluro pink or lime green, I think they're pretty nice. Plus as it was said, they did have the option to put up their own fence to cover it.

I do want to emphasize that I'm not an Atty and all of this is IMHO.

April

What is the name of your state? Oregon

We had a natural rock retaining wall built about six inches inside of our property line along the back of our property at the time that our house was built a year ago to level the back of our yard. The wall is about five feet high in one corner and goes to about two feet high at the other corner. We then had a fence built on the top of the wall, which stands about two feet from the edge of the wall (needed due to posts being dug with 18" cement holes). Our house and wall were completed prior to the neighbors behind us buying their new construction home. What we have now discovered is that our neighbors have planted fast growing climbing vines below the wall that are climbing the wall and threaten to climb our fence below. We also do not want any plantings to encroach the two foot area between the top of the wall and the fence (this will potentially grow under the fence and into our expensive landscaping). We have approached the neighbors to get rid of the vines, but they refuse and say that the rock wall is an eye-sore. Does our neighbor have the right to plant these vines to encroach on our property and potentially climb our fence? Can I legally cut the vines off our wall or use Roundup to get rid of them? Again, the wall is 6 inches inside our lot line and the fence is at least two feet inside the lot line, so neither the wall nor the fence is shared property with the neighbor.What is the name of your state?

 

[MtHoodRising]

There is one fence above the wall...

I mis-spoke when I said "the fence below". The rock retaining wall starts at ground level 6 inches to a foot inside of our lot line, and the fence sits about two feet inside of the wall line at the top of the wall. We had the wall built to raise up one corner of the lot to flatten the grade. The wall was built prior to the neighbors buying the house behind us. The fence was added a few months later. So, the neighbors planted the vines, which are 'ivy", actually inside of our lot line with the intention of having the ivy climb the wall, up on the two foot ledge (which has dirt and mulch on it) and then up the fence. As you said, the ivy climbs fast and will potentially damage the wall and our fence and then invade our property within our fence. In the meantime, we have advised our neighbors to remove the ivy that is within our lot line or we will, and that we will trim back any ivy that encroaches into our lot and wall/fence area. I actually went out today tie string from one lot marker to another so that I could take some pictures of the plantings in case the neighbors try to take some actions if we remove the ivy and or trim it back. It is silly that it has come to this point, but we are going to stay on this and not back down.

 

[ADBunting]

Unfortunately you sometimes have to deal with people that way.

It's such a pain in the A.

At this point the best thing to do would be to do what you're doing, inform politely, take photos, etc. But document document document!

You might photocopy the bill that indicates just how much your retaining wall cost to present to your neighbors and ask them if they really want to have to replace it. Either that or they'll no doubt be complaining in a few years when they have massive cubic feet of dirt in their yard! I think the overall opinion is that you own the part of the fence facing your property. That would be all fine and dandy if they helped pay for it like they do in Australia. (Of course that creates all kinds of other problems)

Also any and all letters need to be certified. Some people seem to like to use the 'I didn't get the letter' defense.

Good luck with this one.

April