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Neightbor's overgrown hedge and intruding into my property - whose obligation?

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labchef

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

My neighbor’s previous owner planted shrubs alone the property line. They were planted about one to two feet inside of their property so I am sure that these are their trees. After years of ignorance, those shrubs were growing fast and turned into big trees. I estimated that they are about 25 to 30 feet tall right now. Most of them are intruding into my property for more twelve feet – my house is on the “sunshine side” so they are growing toward my property. I have lived here for seven years and have been trimming back for years but got tired of all the endless works. The trees grow about one foot per year! I asked them to trim them back in the summer but they ignored. I asked them again and they finally trimmed some back but not to the property line – they did not cut anything above 6 feet so the trees are still over hanging my property. In fact, most of the trees at over three-four feet height are into my property because the “growing toward the light habit“. They leaved the debris in my yard after they’ve done the trimming. I sent the certified letter to them requesting them to remove them in five days and cut the branches back to the property line. The certified letter apparently irritated them. They did clean up but later came to argue that they don’t want to cut any more branches. I certainly can tell that it is my right to cut the branches back to the property line but I think that’s their responsibility. Time and labor is money! That’s their trees and they should take care of them. They can’t let their neighbor to do it or pay for it. It a stretch of one hundred feet property line and total thirty-five trees. That’s a lot of work. I refuse to do and insist that it is their responsibility. My question is “Do they have the obligation to cut the tree back to their property line after I requested them?”.
 


justalayman

Senior Member
anything on your side of the line is yours. Trim it whenever you would like to. Don't trim them if you don't want to.

“Do they have the obligation to cut the tree back to their property line after I requested them?”.
No.
 

drewguy

Member
Sounds like you've done the neighborly thing by giving them an opportunity to do the trimming.

While you have the right to cut back to the property line at your expense (assuming it doesn't kill the shrubs) think about whether that's necessary or whether a more modest trimming that keeps the shrubs looking decent will satisfy your needs. You're going to be looking at them either way, so might as well have them look decent.
 

labchef

Junior Member
anything on your side of the line is yours. Trim it whenever you would like to. Don't trim them if you don't want to.

No.
That's a stupid question that I asked. They are certainly not obligated to trim the trees because I asked. They are obligated to do only if required by law, right? Am I right about "responsibility"? It's their tree and that's their responsibility. I have googled around for this subject. There are discussions about causing nuisance, loss of full utilization of my property and who is responsible for the cost of triming but I have not seen any thing from the state of Georgia. The trees are about 20 feet from my back door. There are woods between our neighbor back door and the trees. It is right in front of us when we go to our back yard while it is out-of-sight/out-of-mind area for our neighbor. They are active growing trees. They have to be trimed regularly. I simply don't have time to keep them trimed - I would favor a fense rather than hedge. I am very concern about the recurring expenses (either in the form of money or labor). It is very difficult to accept that we have to pay for our neighbor's negligence.
 

justalayman

Senior Member
they are not required either at your request or by law. While I agree with your position, the law doesn't. It basically has ruled that the branches that extend over the property line have become yours and you can trim or not as you desire.
 

scarpia

Junior Member
We had some kind of property dispute over another issue here in VT years ago. I can't remember what it was about. I do recall the guy with the grievance set up a pig farm on his property to irritate his neighbor in retaliation because the courts wouldn't help him. Perhaps you could do something to irritate your inconsiderate neighbors. A pig farm might be a bit much. Wind chimes perhaps? Then maybe they will consider taking care of their trees and bushes.
 

labchef

Junior Member
Thanks everyone for the advices. I was hoping to use legal action as my last resort but it don't seem to be an good option. I am still hoping to convince them that it will be the best for them to cut rather than letting me do it. It might make sense to offer some help either in terms of labor or money but I don't feel right until they cut to back to "hedge height". Then, it will be come common interest. Both sides can maintain the hedge together. I just want to know what kind of neighbor they are before making any generous offer. It's doesn't seem that they are nice people. Not sure what is the best method to urge them to cut. Everything seems to irritate us more than them because it is much closer to our house then theirs.
 

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