Neighbor cutting down ivy on our fence

[hydro1]

What is the name of your state?What is the name of your state? CA

The fence between our yard and our neighbor's yard is about one foot in on our side of the surveyed property line (based on a survey from 2 years ago). The fence is covered with ivy that was started over 30 years ago by the previous owner who built the fence within the property line. Our neighbor is an attorney and she knows that the fence is within our property line, she was given a copy of the survey. She's also a very nasty person.

We know that she has a right to keep the ivy trimmed if it hangs over into her yard. However, about a year ago she had her gardener cut the ivy at the roots, killing about 10 feet of ivy along the fence; the ivy never grew back. We had to call the sheriff out to have the gardener stop this. On two more occasions in the last 6 months we saw our neighbor again cutting the ivy, and she cut the ivy off at the roots at the base of the fence (on our side of the property line). Now the ivy is dead along large portions of the fence and she can see right through into our yard and our windows.

My wife feels like the neighbor is harassing us. We've try to talk to the neighbor but she doesn't respond. My wife wants to file a civil restraining order to stop her from cutting down more of the ivy. We've also thought about taking her to small claims court but I don't think the dollar amount is enough to go through the effort. Any ideas, we feel like our privacy has been invaded.

 

[rmet4nzkx]

Get out your camera, take pictures, take pictures anytime they are cutting your ivy at the roots, call the sheriff if she does it again, get the police reports from the times you called, this shows a pattern for disregard of the law since she continued to do it with knowledge of the survey and after the sheriff came out. Did they pour an herbicide to kill the ivy, because cutting it off at the roots usually doesn't kill it off. Get someone out to give you estimates of the damage and the cost to repair the damage which might be more than you think. Have you asker her to repair the damage? Is ther any reason to do drastic trimming? Are there rats in the ivy? Take everything including your survey and take her to small claims court, at least she has to represent herself, lol

 

[nextwife]

Are you absolutely certain it is your neighbors doing? I have an abundance of bunnies, squirrels and chipmunks muching on my garden, and I have had mature Clematis vines severed at the base by the critters.

 

[hydro1]

neighboring cut down ivy

Are you absolutely certain it is your neighbors doing? I have an abundance of bunnies, squirrels and chipmunks muching on my garden, and I have had mature Clematis vines severed at the base by the critters.

It's not critters, we've seen our neighbor on a number of occasions with the hedge trimmers.

 

[BelizeBreeze]

If the fence is within your property line then sue her ass for tresspass and destruction of private property.

Case Closed.

 

[JETX]

If the fence is within your property line then sue her ass for tresspass and destruction of private property.

Please explain to me EXACTLY how you would go about suing someone for 'trespass'??? Come on, give us a break!!

 

[JETX]

The ONLY thing this writer can do is to try to get a restraining order to prevent the future actions. However, I believe that would be both expensive and unsuccessful.
I suggest you save the costs of litigation (and aggravation) and spend it putting up a solid wooden fence. Then, you can grow your ivy to your hearts content (on YOUR side of the fence) AND regain your privacy.

 

[HomeGuru]

I agree, except a red brick wall.