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Trees, Bushes and Neighbors oh my~

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star_gazer

Junior Member
What is the name of your state? CA

New neighbor moved in next door 2-3 years ago. They remodeled the house before they moved in, adding a kitchen nook with a large window on the side of their house facing us, also put in a flood light that seems to be on 24/7. We live on a hill with a nice view out the backyard, there house is adjacent to ours on the upslope (their house has higher elevation). None of the houses in the tract have large windows looking into their neighbors yard. This window and flood light look directly into our front yard and master bedroom. I have had to put up cardboard on the window to block out the light and to provide privacy. I also put up some brush cherry bushes on the slope which block their view into our yard and master bedroom. This seemed to touch off a nerve. They have dictated to us how high we can grow our brush cherries before we have to cut them, otherwise we block their view into our yard. They have also asked us to cut down the large eucaplyptus trees on our back hill and to trim some of the other shrubs on our back hill as they complain they block their view. These trees and shrubs on the back hill were there before they moved in, and were planted because we had a mud slide problem on our hill. There is no way we would ever want to chop down our trees, as trimming them back to a size that wouldn't block their view would kill the trees. Yes, some of the shrubs could be trimmed back, but I don't want to trim the ones that are providing privacy from our rude neighbors. They never consulted with us before they put this large window right next to and above our master bedroom window and this god awful flood light.

Now they have sent us a letter from a lawyer saying they are going to sue us if we don't cut down our eucalyptus trees, and trim all of our shrubs down to a 3 foot level. None of the trees/shrubs are intruding onto their property, nor are they causing any kind of damage to their property. They have cited some kind of city ordinance in their letter, stating the 3 foot level of our privacy hedge, which at that height wouldn't give us a single bit of privacy.

What would you do if you were in our shoes?

Thanks.

Star Gazer.
 


S

seniorjudge

Guest
What do your subdivision covenants say about all this?

What does the city ordinance say?

This sounds like a good case for mediation.
 

BelizeBreeze

Senior Member
Is your backyard the ONLY thing they can view from their window or are there other 'views' that are obstructed? Do you have evidence of the mud slide data, witnesses, evidence from the U.S. Geological survey? get the picture?
 

kmo199

Junior Member
Being pissed about it is their only option.
The trees are fully on private property (yours) so they can't do anything.
As for the shrubs being cut back to 3ft I don't know, so I'll leave it at that.
Best of luck.
 
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star_gazer

Junior Member
Is your backyard the ONLY thing they can view from their window or are there other 'views' that are obstructed? Do you have evidence of the mud slide data, witnesses, evidence from the U.S. Geological survey? get the picture?
The window views our side yard, master bedroom window, front yard, and the street and perhaps a portion of the sky and a house or two across the street. The view on our back hill is the view from their backyard and not from their window, they are complaining about two different views. From the breakfast nook window (brush cherries to 3 ft), and the view from their backyard (eucalyptus trees and other shrubs). I still have the landscaper's blueprints for the back hill planting we had done many years ago after our terrible back hill mudslide, but no pictures of actual mudslide (do have witnesses though).

What do your subdivision covenants say about all this?

What does the city ordinance say?
Don't know, just got the lawyer letter today. Will research this.

The trees are fully on private property (yours) so they can't do anything.
That's what I figured, just like I probably couldn't do anything about the stupid window peering into my master bedroom window and bright flood light. Not to mention their loud barking dogs. I guess I could always park the 5th wheel between the two houses... I'm sure they'd love that. :)

What could they actually sue me for? Monetary damages? Or just report me to the city, and the city would give me 60? days to fix the problem (if there was a violation), and a citation if I neglected?



Star Gazer.
 

BelizeBreeze

Senior Member
KMO's response if legally invalid. Please ignore it.

IF you are in a sub-division or planned community with an HOA then pull out the covenents and read them. If not, contact your city planning commission (or county) and inquire as to the status of your plantings.

Otherwise, speak with a local attorney. I doubt seriously if they can do anything about the plantings depending on how long ago they were, however, the bushes may be another issue.

Also, you can also file suit for quiet enjoyment against them for the light intruding into your master bedroom and require them to either turn it down, point it in another, less intrusive direction or remove it altogether.
 

star_gazer

Junior Member
Just got off the phone with city inspector. He said as long as the shrubs are planted 2.5 feet or more apart at the base, they are not considered a fence and they can be grown as large as you'd like, even if they grow together at the body of the shrub. The city also said, there is no ordinance as to tree height on property even if it is blocking a $100,000 view. My trees and shrubs were there before they moved in. The only new shrubs I put in, were the ones to block the spy window, flood light and to keep their yappy dog from barking at us when we walk in our yard. Those shrubs ARE planted > 2.5 feet apart. City inspector said they could take the matter up in civil court, but I am not sure what they could sue for and on what grounds.

Thoughts?

Star Gazer.
 

rmet4nzkx

Senior Member
star_gazer said:
Just got off the phone with city inspector. He said as long as the shrubs are planted 2.5 feet or more apart at the base, they are not considered a fence and they can be grown as large as you'd like, even if they grow together at the body of the shrub. The city also said, there is no ordinance as to tree height on property even if it is blocking a $100,000 view. My trees and shrubs were there before they moved in. The only new shrubs I put in, were the ones to block the spy window, flood light and to keep their yappy dog from barking at us when we walk in our yard. Those shrubs ARE planted > 2.5 feet apart. City inspector said they could take the matter up in civil court, but I am not sure what they could sue for and on what grounds.

Thoughts?

Star Gazer.
You really need to look at the case law provided in post #7
 

star_gazer

Junior Member
rmet4nzkx said:
You really need to look at the case law provided in post #7
Thanks. I did. Looks like a case of apples vs oranges to me. All of trees and 75% of shrubs were there before neighbor moved in. They weren't planted for spite, they were planted to keep erosion down, enjoyment (birds, bees) as trees are beautiful living things. The trees are not thick like a pine tree would be. The only thing planted after the neighbor moved in were four brush cherry bushes which meet city ordinances, which were planted AFTER the new neighbor put a large window right next to and above our master bedroom along with flood light and yapping dog that barks whenever he sees you.

You think they still have a case?

Star Gazer.
 

star_gazer

Junior Member
Let me also add... that the neighbor in question has already had their gardener trim the shrubs on our back hill that they can reach from their back patio. The gardener has this long pole with a trimmer on the end and has reached about 10 feet into our yard to trim some of our shrubs.

Star Gazer.
 

Warped

Member
star_gazer said:
What would you do if you were in our shoes?

Thanks.

Star Gazer.

I'm not a lawyer so take this in the spirit in which it is written. I would first explain to the neighbor that removing the eucalyptis(sp?) tree(s) isn't an option nor is trimming them. The same goes for the other vegetation. Maybe you can compromise with them, at your discretion, about the light. Something like, if they point the light downward more, you will trim some of the shrubbery or trees back. If they aren't agreeable to negotiation keep in mind that they cannot dictate what you can/should/cannot do with vegetation within your property and tell them to pound sand while you fertilize the trees and plant others. :D
 

BelizeBreeze

Senior Member
star_gazer said:
Let me also add... that the neighbor in question has already had their gardener trim the shrubs on our back hill that they can reach from their back patio. The gardener has this long pole with a trimmer on the end and has reached about 10 feet into our yard to trim some of our shrubs.

Star Gazer.
And what did you do when you noticed this? Did you call the police? Did you file tresspass against the gardner?

They have an undeniable right to trim anything within and upto the property line. They do not have the right to cross the property line to trim YOUR bushes.

As to your discussions with the city, you are then on solid ground legally. That does NOT mean you won't be sued in civil court. The ONLY grounds I can think of that they may have to bring suit would be quiet enjoyment, however, that claim may hold no water since they purchased the property knowing the trees were in place.

However, YOU do have a civil case for quiet enjoyment regarding the lights and tresspass and destruction of private property with the gardner incident.

If you really want to pursue this, contact an attorney and have him/her write a cease and desist letter demanding they cease crossing the property line to damage, cut or otherwise convert your private property to their exclusive use, that failure to cease the practice you will have no option but to seek redress in civil court up to the limit allowable by law.
 

star_gazer

Junior Member
I would like to say "thank you" to those of you who took the time to respond to my thread. I would also be open to any other comments.

thanks.

Star Gazer. :)
 

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