neighbor hacked holes in our privacy hedges

[kdumas]

What is the name of your state? california

We have a next door neighbor that we do not get a long with. We own our house. They are renting their house. WE own beautiful 10 foot privacy hedges that separate our 2 yards. Without these hedges, they would be able to look straight into our yard and family room. They are there for a reason. I pay a landscaper every month to keep them looking good and I've been trying to promote growth ever since this neighbor hacked every branch down to the trunk last year on his side(on Christmas Eve of all days). I guarantee you that he did this to get back at us.

Maybe it would be relevant for you to know why we don't get along. He is a registered sex offender and when I found this out, I told him that there would be no way that my son would ever be allowed to go over to their house. (They have kids). The day before we found out, he actually invited my 7 year old son and his friend, a 7 year old girl, over to play at his house whenever they wanted. I believe this should be against the law but as of now, it's not.

Yesterday, I saw him cutting the hedges on his side again. I took out my video camera and videotaped him doing this so that if I ever took him to court, it would be obvious that the hedges (which are ours) were full on our side. I also took pics. In addition, I also got a few pics of his son on a ladder spying on my son and his friend through one of the newly cut holes into our yard. We have a 6 foot privacy fence that we put up in front of the hedges after he cut them last year. (So, that was a $700 expense we incurred last year to regain some of our privacy.)

Yes, this man is mad at us. We are not friendly with him. I have not said a word to him since they moved in so it's not like I'm harrassing him. However, I have told the neighborhood watch and all of my friends that he is a sex offender. I have every right to do that. He has sent me a few threatening letters which I have taken to the police and they have it on file. The police just told me to take notes of everything that happens so that if needed, I would have a good enough case against him.

Anyway, I'm sure this is a small claims case. If I took it to small claims, what are my chances? Will the judge listen to why he might have a motive to upset us (because he's mad at us for telling everyone that he is a sex offender). Or will that be considered irrelevant? I believe it's very relevant myself... Can I take him to small claims or do I have to take the landlord to small claims I do not want to take the landlord to small claims because I don’t want him to renew his lease when it is up. I want to take the tenent to small claims. Will the judge look at my videotape and pictures as evidence?

I’m not sure if these holes will fill in. It would probably take years for them to fill into the point where they are “private” again. However, I’m not even sure the hedge will sprout new branches where he cut the holes because he didn’t just cut the leaves, he cut the branches. I could also take pictures of his side of the hedge which looks like a skeleton.

So, we would probably need to replant mature Eugenia hedges to fill in this area. Also, last year when he cut those hedges bald, we were forced to spend a couple of hundred dollars for blinds on our family room because before, when you couldn’t see the through the hedges, we had no need for blinds.

Any and all advice will be greatly appreciated!

 

[seniorjudge]

Q: If I took it to small claims, what are my chances?

A: 50-50, more or less.

 

[CraigFL]

I can understand your frustration but what would help me understand better would be the location of the hedge. How far away from the edge of the property line are the hedges? The trunks of the hedges? The branches of the hedges? At one extreme, if the trunks are just on your property line, he will be able to cut all the branches overhanging his property, but if he is trespassing on your property just to cut the branches that face his property, it is totally different.

 

[kdumas]

branches cut on our side - trunks on our property

Hi there,

The hedges are on the property line. The trunks are on our property. I realize that he can cut the branches on his side. That's why I didn't bother trying to do something last year. However, he obviously stuck his hedgetrimmer inside of the hedges and cut branches that were CLEARLY on our side. I have video and before / after pictures to prove this.

 

[danno6925]

Contact the police and file trespassing charges.

Send him a demand letter via certified mail RRR stating he has 10 days from the mailing and 5 days from the receipt of the letter to restore your hedges to their original condition, or he will be sued in small claims.

Considering you have documentation and have suffered damages through his trespassing and subsequent vandalism, I would say you've got slightly better that 50/50 odds.

 

[Ohiogal]

Hi there,

The hedges are on the property line. The trunks are on our property. I realize that he can cut the branches on his side. That's why I didn't bother trying to do something last year. However, he obviously stuck his hedgetrimmer inside of the hedges and cut branches that were CLEARLY on our side. I have video and before / after pictures to prove this.

He is allowed to cut the hedges on his property. Are you positive that the trunks are COMPLETELY on your side? What are your damages from him cutting clear back to the trunk? How far is the trunk on your property? An inch? A foot? If you can't prove damages then you won't collect anything.

 

[kdumas]

trunks are planted on our property in our property line

Hi there,

I believe that I can prove that the trunks are on our property. Of course branches can grow out onto his property and someone can trim them but let me be sure you understand that he is renting. The landlord knows that the hedges are on our property.

 

[kdumas]

continued...

I clicked enter before I was done. I am compiling my pictures and videotape now. You can see a before/after pic here:

http://kimdumas.com/before-after.jpg

 

[LindaP777]

They are renting their house.

You need to get in touch with your neighbors landlord and let them know what he is doing and of his criminal background. Talk rationally to the LL and ask what you can do to insure that you get future great neighbors.
I'll send the neighbor a CRRR "cease & desist" letter and file against him in small claims court for the cost of mature replacement hedges.

 

[kdumas]

sue landlord or tenant

There is a reason that I want to sue the tenant and not the landlord. The tenant keeps telling the landlord that he wants to buy the house. I can tell you that the landlord is tired of getting calls from me. I don't really believe that the neighbor could afford to buy the house but the mere thought is unbearable. If I sue the landlord, that might make him want to sell the house to the tenant. Catch 22...

I don't think the neighbor will pay me one cent if he loses the case. But at least that would put a judgement on him, right? Who is going to give him a loan to buy a house if he has no credit, a criminal background, and a judgement against him.

If I win the case, then we will get to plant some mature eugenia hedges to try to fill in the holes.

There is something new. My son was playing out by the hedges when the neighbor was cutting them. My son told me yesterday morning that he witnessed the neighbor stick the hedgetrimmer completely through the hedge and move it around in circles to make that big hole.