Neighbor Wants to Cut Down our Hedge

[Waxahachie]

What is the name of your state?California
As part of a huge remodeling project, our neighbors have decided they want to cut down the hedge that borders our front yard (facing their driveway). Their contractor's survey suggests (though it's not completely clear) that the trunks of the hedge are on their side of the property line. Part of the hedges (the growth; possibly not the trunks) are clearly on our side.

We are thinking of hiring our own surveyor, but it's $900. If the trunks are on their side of the property line, are we out of luck? Removing that line of hedges will ruin the "cosy" look of our front yard, which is bordered by the hedges on all sides. We also resent having to pay for re-landscaping on our side just because they don't like our hedge.

To make things worse, even though we told them we don't want the hedges removed, they failed to stop their contractor and he already cut three of the trunks through. The rest are still standing while we research this issue.

Thoughts?

 

[panzertanker]

Their contractor's survey suggests (though it's not completely clear) that the trunks of the hedge are on their side of the property line.

What? Either the trunks are on your side or theirs. There is no ambiguity involved.

We are thinking of hiring our own surveyor, but it's $900.

Then you have to go with the existing survey that you say shows the trunks are on their property, ergo, the trees are their property.

If the trunks are on their side of the property line, are we out of luck? [/QUOTE
See above.

Removing that line of hedges will ruin the "cosy" look of our front yard, which is bordered by the hedges on all sides. We also resent having to pay for re-landscaping on our side just because they don't like our hedge.

According to the contractor's survey, they are not "your hedges".

To make things worse, even though we told them we don't want the hedges removed, they failed to stop their contractor and he already cut three of the trunks through. The rest are still standing while we research this issue.

Thoughts?

Unless you get a survey that disputes the property line, they have every right to cut down their trees/hedges/shrubs.

 

[Waxahachie]

Thanks for your reply, Panzertanker. My apologies for not wording the prior post completely clearly. The survey we've seen doesn't actually show the hedges -- that's why I said it's not clear which side of the property line they're on. (Just from eyeballing the line from the hedges to the fence posts in the backyard, which are on their side of the line -- and are included in the survey -- it does appear that the trunks are probably on their side of the line).

Here's my question in a nutshell -- if the trunks are on their side of the line, are they entitled to cut the hedges down, even if some of the growth is on our side? What if the line falls down the middle of the trunks?

Thanks again for taking the time to help me.

 

[panzertanker]

Thanks for your reply, Panzertanker. My apologies for not wording the prior post completely clearly. The survey we've seen doesn't actually show the hedges -- that's why I said it's not clear which side of the property line they're on. (Just from eyeballing the line from the hedges to the fence posts in the backyard, which are on their side of the line -- and are included in the survey -- it does appear that the trunks are probably on their side of the line).

There should be a marker placed by the survey crew. Where is it?

Here's my question in a nutshell -- if the trunks are on their side of the line, are they entitled to cut the hedges down, even if some of the growth is on our side?

Yes, just as you are entitled to cut any overgrowth of "their" hedges that are on your side. They can cut down "their" trees/hedges, it is unfortunate that it then removes "your" cover.

What if the line falls down the middle of the trunks?

Good question.
I have no clue.
DISCLAIMER:
I am NOT an attorney.

 

[Rich Uncle]

Instead of spending $900 on the survey, spend it on planting a new hedge on your side of the property line. That will give you the added benifit of pissing them off