Neighbor Plants Shrubs Across Property Line on Our Property - Won't Move Them All

[skipperscruise]

What is the name of your state? Florida

About 5 months ago our neighbor stated they wanted to let us know that they were planning to plant a line of shurbs (hedge) and would it be okay. I said yes and they planted them. I didn't realize that they would plant them so close to the propertry line and the last 5 shrubs gradually go over the property line until the 5th one is completely on our property. Unknown to us, two months later in phase two, the neighbor extended the line of shrubs from the 5th one with more shrubs that were now 2 feet on our property. He dug up our sod to plant these shrubs. When new these shrubs are about only 3 feet high and 6 inches in diameter at the base and they will grow easily to 12 to 15 feet hight and 12 to 24 inches in diameter at the base.

I asked the neighbor to remove the shrubs and he responded that I'm giving him a hard time. He eventually moved the second phase of planted shrubs just over the property line; a few are right on the property line. He never moved the last five of the that were planted 5 months ago and appears he doesn't intend to.

The neighbor is gone for the summer and I called and told the neighbor to move the remaining shrubs. Nothing. I called again and asked him to move the shrubs. He said that when people ASK him things he's a nice guy but not when they TELL him to do things. Still nothing. Third call and he said his landscaper told him that since they were planted 5 months ago and if they are moved now, they would die. That was a month ago. Again still nothing.

We sent a registered letter, with signature return receipt two weeks ago and have not seen the return yet.

The property was surveyed and just recently staked due to this mess. The shrubs are as stated above.

What are our options at this point? Can we just remove the shrubs? What do we do with them? What about the ones that are partially on our property?

Thanks

 

[skipperscruise]

Any help on this?

 

[Warped]

I'M NOT A LAWYER! Nor do I play one on TV. That being said...

If you search on the word "encroachment" on this forum, you will likely find that if a neighbor places something on your property, it is, for all intents and purposes, yours. Do with it what you will. You will also likely find in that search that you need a RECENT survey to prove your boundry line.

My advice is...

1: Get a current (<2 years old) survey to prove your boundry lines and register it with the city/county.

2: Send the encroaching neighbor a Certified, Return Receipt Requested (CRRR) letter informing them of the encroachment and demanding that they remedy the encroachment and repair your sod within a reasonable amount of time (10 days seems reasonable to me) or you will remedy it at their expense. If the letter is returned to you for any reason, do not open it! Keep it and the receipts from the USPS for court.

3: On the 11th day, rip the shrubs out and re-plant them on your property to improve the looks of your home or put them in a bucket of salt water to soak in plain view of said neighbors.

4: Buy enough sod to repair your lawn and save the receipt.

5: File a claim against the neighbor in small claims court for your time and expense in returning your property to it's previous state.

 

[justalayman]

Well, you can't touch anything that is not on your property, even if it may be on/over your property in the future. Inform the neighbor you will be trimming the shrubs to the lot line as they grow. That ends up with a very strange looking shrub. He may reconsider his location due to this.

For the things that are currently on your property, you have a couple of choices.;

1. remove them or have them removed. Send the neighbor a bill for all costs incurred. The neighbor may sue you but he is in the wrong so he should not prevail but there are no guarantees. You may have to sue to win a judgement and then go through the time and trouble of collecting on the judgement.

2. Since the neighbor damaged your lawn, you can sue for the damages he caused you as well as having the judge rule on the request to move the shrubs. Do what the judge tells you to do at that point.

If you do take to removing them yourself, I would not do it when the neighbor is away as the shrubs would more than likely die without immediate care. He could possibly sue you and in a strange day, might actually win something. If you do remove them, lay them on the neighbors lawn with no further damage than simply uprooting them.

 

[Proejo]

If the property was recently staked, go to a construction equipment rental store and rent a laser transit (level) and tripod. Set this up at the front of your property directly over the front boundary stake ( there's a center plumb bob that let's you know when you have it accurately centered over the stake) and lock in at the point directly over the rear boundary marker. You should now be able to pivot that laser up and down so that you can accurately mark your property boundary line. One of the neighbors had this done for the exact same reason you've indicated and installed the metal landscape borders right down the property line all the way to the street. It seems that he wanted St. Augustine grass in his yard, the other two on either side wanted Bermuda. This provided a specific line of demarcation to keep the St. Augustine from overtaking the Bermuda. You could do this, too, now that the boundaries have recently been surveyed and staked. The laser will give you tremendous accuracy in accomplishing that. What he did was to drive a stake in the ground every foot directly centering the lasered line, then he came back in an placed the metal landscape border to the inside of the stakes so that it just stayed within his property.

 

[skipperscruise]

Proejo,

Excellent suggestion! It would cut some of his plants in half. But as you can see from reading above, I'm reluctant to even touch his remaining plants that are either fully or partially planted on our propertry without hiring an attorney, filing a case in court, probably get couter sued, going to judgement, and collecting on damages and possibly paying damages (never know what the outcome may be)....all for five $5.00 shrubs (first phase of his planting).

Oh yes, then there is the 35 feet by 2 feet in the second phase planting that he dug up my sod. Yes, more damage to our property.

So now that he is out of town, I must wait until he returns to remove his shrubs? His lawn/landscaper guy could easily do that on his direction but he refuses. We have not received return signature because he has not read the registered letter because he apparantly refuses to get it and sign for it from his local PO.

This is the kind of guy that will be "artifically" nice to your face but in reality doesn't care and would step on anyone to get his own way. Worse yet then is when you object to his behavior he gets bent out of shape.

 

[PghREA]

I think a letter to your neighbor, from your attorney, would be appropiate - and then follow through, if the neighbor does not respond.

 

[stealth2]

So now that he is out of town, <snip> We have not received return signature because he has not read the registered letter because he apparantly refuses to get it and sign for it from his local PO.

If he's out of town, he'd be hard pressed to sign a receipt.

 

[You Are Guilty]

Why is everyone so quick to suggest the long and arduous solutions? My vote goes for one of these:
http://markshannon.com/FunnyStuff2neighborproblem.jpg

 

[skipperscruise]

If he's out of town, he'd be hard pressed to sign a receipt.

His mail is forwarded.

 

[justalayman]

Why is everyone so quick to suggest the long and arduous solutions? My vote goes for one of these:
http://markshannon.com/FunnyStuff2neighborproblem.jpg

I love it!!!

 

[danno6925]

Funny Shrub

Nearly shot coffee through my nose laughing at that shrub Classic