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Are a neighbors shrubs allowed to overhang my property line?
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Posted by
blondelle NE (
My Page) on
Mon, Jun 18, 12 at 18:35
| My neighbor sold her house and the new owner wants to put a 4' high line of hedges on the side of the house on his property line all the way out to the sidewalk in front of the house blocking my front lawn from view coming down the block. There's a concrete driveway where his line starts so I don't know where he intends to put it. I refused to let him put it on my property as it will ruin the look of my house. I can't stop him from putting something on his property but if he manages to get a hedge in there, it will definitely overhang my property.
If the roots start on his property, do I also own the space above my property line, and have the right to not have anything overhang my property? I will have the added expense of now trimming my side? Is there any rule how high a shrub can be? Is there anyway to prevent the roots of his shrubs from going under my front lawn?
He is really defacing and ruining the look of my property with this as well as the look of the block, but I don't think I have any options.
Do I? |
Follow-Up Postings:
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Picky, picky - they could put in a 10 foot tall privacy fence; embrace the hedge as something to add to your property, not detract from it. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Do you know what kind of hedge? If it grows wide, it seems pretty ridiculous for them to put it RIGHT up against their line. Obviously the rear half of the shrub will always be over your property. Based on my former real estate training, you own the space above your property and have the right to trim anything above your property (although local bylaws and easements may apply). If it obstructs your view exiting the driveway for safety reasons, you have another issue that you are probably on the right side of. For cosmetic reasons, not so much. I agree with jimbo that a hedge is not such a terrible thing but there is maintenance required to keep it healthy and looking good. If not, you could end up with an eyesore. I'm not sure how it can deface your property???? You may just be reluctant to accept the change in ownership. I just got some new neighbors that actually use their outdoor space and even put up a basketball hoop in the driveway. kaplump, kaplump, kaplump The two prior occupants (house rental due to slumping sales market), were hermits and were barely seen or heard from. I miss them! But basketball hoops and hedges and fences are part of neighborhoods, so you may just have to buck up. You will have this neighbor for awhile and may want to stay on decent terms. Maybe there's something in your yard they want to create a screen for??? |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Check your town ordinances for what's allowed regarding fences, property lines, maintenance, and so on; the ordinances are probably on-line. Many towns set a limit on the height of a fence in the front of the house, and a calm and reasonable phone call to someone in City Hall may tell you if the heights apply to hedges as well. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| They should plant the shrubs far enough inside the property line so that the shrubs, at mature size, will NOT go into your property. That may mean that they lose several feet....something that may make them think twice. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Thanks so much for your replies. It's an eyesore because all the houses on the block have open lawns and it will ruin the look of the block. Walking down the block it will block my whole front lawn from view as he wants to run it right down to the city sidewalk in front of my house. There is only a narrow strip of grass at the edge of my front lawn that might be his and then the concrete to his driveway starts. There really isn't enough room to plant a hedge. It will definitely encroach on my property, and he knows that from the start. If I have the rights above the property line I should also have the rights below it, and the right to remove any roots on my property. I'm a good, reasonable person, but I don't want this hedge as it will deface my property, and I want him to know I will do EVERYTHING legally possible to not have it there. I'm not being picky. I am defending my right to not have the look and value of my property compromised. There isn't a house on this block worth less than $1,250,000. I will call the building department. Any idea what city agency is responsible for ordinances? Thanks again. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Try code enforcement. "There is only a narrow strip of grass at the edge of my front lawn that might be his and then the concrete to his driveway starts." Unless you have a survey in your hands and can find your markers this entire discussion is going nowhere. You need to know exactly where the property line is before you go fighting over it. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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- Posted by botann z8 SEof Seattle (My Page) on
Tue, Jun 19, 12 at 11:26
You want him to keep his front yard clear so your yard will be visible from down the street?!! "It will ruin the look of the block". Are you in charge of what your block should look like? Mike |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I should also have the rights below it, and the right to remove any roots on my property. Probably so, but then you will most certainly disfigure the hedge compounding the problem. Is there an HOA involved? Some of these pricey neighborhoods have one. If so, they probably are "in charge of what the block should look like". |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| blondell, I know what you mean about how fences and hedges can really disrupt the flowing appearance of a neighborhood. I'll be really sad when the day comes that new neighbors decide that they want to wall themselves up. I see it in other locations....that cubby hole look of office cubicles taken outside, lol. If I were you, I'd have my property surveyed right away and property lines very visibly marked. I hope that you get the answers you want from the City Codes department. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Get your property line marked out and try being nice to the fella. I would hate him to tell you your bermuda grass is invading his fescue or the like and start a decade long battle which will put a frown on your face every morning. One of the problems witb these McNeighborhoods is lack of ability to do anything w/o upsetting someone. So much for actually owning property. Here comes big government. Move out by me where none of the houses match and you can be an individual with a couple acres instead of a drone for 1/5th that hassle. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I guess I can't say much, since I live out in the country, but to me, open expanses of lawn look rather hot and dry - Almost everyone can use some variety in their life! To me, a hedge would be an excellent way to break up the monotony of a boring, cookie cutter neighborhood... Does anybody actually garden around there? Sounds a bit...stodgy. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| In most (but definitely not all) areas, the land owner does have the right to control what grows onto/over/under their property. Exceptions include areas subject to HOA agreements, areas with laws governing things like scenic views or encroaching shade, areas with laws concerning heritage plants or plants of community value, etc. Many areas do disallow actions that would kill someone else's plant or plants that are on the property line, but most areas will allow pruning and root pruning that doesn't cause direct harm to the health of the plant. I believe that as long as blondelle's situation doesn't fall into one of the limitations listed above, he/she has a right to determine what grows onto/over/under his/her property. It doesn't really matter what we think we would like, it's about what blondelle likes, since he/she owns the property. If the neighbors can keep the hedge on their property (and no HOA guidelines or laws are violated), then blondelle should have no say-so about the planting. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| It's also possible that state law applies. In my own state, for example. an area 5 feet in on each side of the actual property line is considered to be nearly owned in common as far as plantings go. Trees and shrubs within this area are designated "line plants" and maintainence etc. is a shared responsibility. That does not mean a neighbor can deliberately encroach 5 feet onto the other's property and plant something but recognizes that something planted within 5' of the property line is very likely to extend at least five feet over. Trimming back to the actual property line is still permitted, but the law encourages cooperation over confrontation. The latter might be worth a try even in a neighborhood of million dollar+ houses. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Actually in many states, including mine, you can trim encroaching plantings up to the sky and down to the earth, and if the plant dies, too bad for the neighbor. The responsibility for getting a survey (and paying for it) belongs to the neighbor, not the OP, in the majority of jurisdictions. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| Well, if I was the neighbor, I'd start considering a nice chain-link fence. The nice kind, with the plastic privacy slats in it.... |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| "Well, if I was the neighbor, I'd start considering a nice chain-link fence. The nice kind, with the plastic privacy slats in it...." The kind with the white and green alternating stripes? Remind me to never get you mad. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I believe Marcolo is correct. We had a tree (we did not plant) that hung over our neighbor's porch. They asked our permission to trim it and we concurred. We eventually took the tree down. Now one of our neighbor's trees overhangs our garage. We ask his permission to trim it, or sometimes he will trim it for us. Most communities have a zoning board that meets once a month or you can find your zoning ordinance online probably as a link from your county's website. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I doubt that chain link fences, even the 'nice kind', would be acceptable in a neighborhood with million dollar homes. I'm just sayin'. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I doubt that chain link fences, even the 'nice kind', would be acceptable in a neighborhood with million dollar homes. I'm just sayin'. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| "Actually in many states...you can trim encroaching plantings up to the sky and down to the earth, and if the plant dies, too bad for the neighbor." That would be the exception, NOT the rule. "The responsibility for getting a survey (and paying for it) belongs to the neighbor, not the OP, in the majority of jurisdictions." It may be the responsibility of the neighbor to get the survey before planting, but if he doesn't, then so what. The OP would have to PROVE that the plantings were planted onto their property. No state, of which I am aware, requires a survey before planting trees on one's own property. SO the proof falls back onto the person who's property borders were infringed. This example may seem whacky, but it's like saying a robber must get permission before entering your home. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| I have a property diagram from when I moved in. Tells me how far from this and that my rectangle of earth starts. If something were to come up that would make it matter if my 411' starts at the street of three feet off it I would just have my darned lines professionally marked. I can think of two reasons not to: It is not free and either because of the economy, medical issues or whatever you might be broke right now Or if I hated my neighbor since he she or it may whatever I might wait until they plant their trees or pave their driveway and make them undue it at their cost. Seems like more trouble than most nice ppl would wanna cause though but I would understand. Really the right thing to do is be pro-active. Know your boundaries, communicate with the neighbors like humans. And of course they might be butt heads and uncle sam will have to step in to save the day. |
RE: Are a neighbors shrubs allowed to overhang my property line?
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| in the end, this is a legal question. know what lawyers say about free advice? from people who are talking about their own areas, not the area in question? that being said...in my experience, the neighbor's plants can overhang your yard. I know of nothing in any legal code or community covenant I have ever come across thwt wouldbrequire anplant on your property be kept entirely on your property. And if you object to the offending branches, I know of nothing that would prevent you from cutting them back. However if any action of yours would cause the plants to die... yeah. this sounds like like we should sell popcorn. |
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