What can. I legally do (neighbor question - long)

In My Humble Opinion
1

My neighbor and I don’t get along. No need to get into the details, since it doesn’t matter for this incident. However, let’s just say I wouldn’t be sorry if he and his family just packed up and moved like the Baltimore Colts. I am sure he feels the same about me.

Anyway, I came home today and noticed that he sheared my arbs between my yard and his. Now most of the arbs are on my property, but over the years since they were planted they started to encroach on his property. However, the trunk and most of the limbs are on my side of the property line.

He threatened to cut them back last year, but I pointed out that he had plants creeping onto my property as well, and I didn’t want to get into a battle of cutting each other’s trees and shrubs. It is just stupid. I thought he was on the same page, as he confessed his wife was pushing for him to cut the shrubs.

Well, I guess the wife won out. He sheared about 15 of my arbs back, some close enough to the trunk that I am not sure they will survive a winter of heavy snow. I don’t know how much damage to the trees was done, but I can’t imagine they were pruned back carefully. They looked like some one with a power shearer did the job, because branches remaining in the arbs were pretty chewed up.

So, I go over to him and ask him why he did that without asking me first. He claimed that he did. Now he has a completely different interpretation of the conversation that we had last year, but ok… I said, “look, it’s just common courtesy. You don’t have to like me or be friends to behave like someone who shares the same planet. And considering we share a boundary line, some things should be done a certain way. If my arbs were over the property line, fine. I would have cut them back. But you didn’t even give me a chance to cut them back myself.”

He “f”-bombed me and told me to get off his property. I said "fine, I am going… But I will be cutting the limbs off of your trees that hang over the property line. He gave me another “f”-bomb, with a “I don’t give a shit what you do.”

Now I don’t want to get into this kind of a pissing contest with this jackass, but he has gone too far. I don’t understand what the big deal was (other than his yard was a foot smaller than the property line showed), but who gives a shit about that? I don’t really care that his trees are on my property, but I do now.

The question is, what, if anything, can I do about this? I am assuming that he has the right to cut my arbs that encroach on his property, and he technically doesn’t have to ask me, although it would have been nice. I would assume the law wouldn’t require him to do so. However, what if he cut the arbs too far back? If he went an inch or two further than his property line, and he cut the tree back over on what turned out to be my property line, did he go too far? And what happens if one of these arbs die as a result of the cutback? Do I have any legal rights here? Or is it just too bad for me, since the arbs were over the property line when he did the cutting, and the damage was just a result of his bad cutting?

A couple of notes. Our township has an ordinance about putting a fence up on your property between homes. The fence has to be 12 inches back from the property line. He put his fence directly on the property line. I didn’t say anything about it, but now I am planning on seeing if the township will make him move the fence back to the proper place. This incident has led me to believe that if I had the fence up where he does, I would have already received a notice from the township. Plants, however, can be planted right up to the property line, so I would be ok from this standpoint.

Also, I really don’t want to deal with this guy and his wife ever again. Is it possible to get some sort of a restraining order (I know that’s probably not the right name) or something to keep him from ever coming onto my property again?

I don’t really want to do the second thing, since I am sure he will get the same sort of document against my wife and me, just because if I could do it, he could do it.

This is so bizarre. We live in an upscale community, where most people are professionals. He doesn’t work, his wife does, and I suspect that whatever bug flew up into her ass that started this whole thing was the reason he and I had words in the first place. He wasn’t about to bite the hand that literally feeds him.

I have enough static going on in my life… I don’t want to deal with this clown. On the other hand, I don’t want to let him cut back my plants as far back as he wants whenever he wants and just take his bullshit, either. Especially if I have rights,

I am tired of taking the high road, when everyone else has no problem acting like a jerk. If he would have just asked me and let me cut the arbs back myself, this wouldn’t be an issue. Or if I didn’t want to cut them, I would have at least known what his plans were and wouldn’t have been so shocked to see the cutting he did. I could have just said, “if you want to cut them back, that’s up to you. I’d prefer you wouldn’t but if it really bothers you to have the arbs hanging over your property, whatever.”

Based on what I’ve seen, I know he cut into the arbs too far. Over the property line onto my property.

Sorry for the length of this. I know this is petty, but I have had it with this type of behavior.

2

I have never in my life heard of an “arb.” At any rate, I’m not sure what you’re asking. You never want to interact with your neighbor again, so you want to try to force him to move his fence 12 inches? Sounds like a good strategy for spending a lot of time dealing with him and more drama.

As far as I have been able to determine from asking on this board before, any plant you have that grows into his property can be cut by him at the point where it crosses the imaginary plane into his air space. It doesn’t matter if the plant dies as a result. If it dies, then clearly it was too close to his property to start with. And you are within your rights to cut down any branch of his that protrudes into your air space.

If you truly don’t want to talk with this guy again, just let it go. I haven’t spoken to any of my neighbors in years. We mind our own business and stay off each other’s property.

3

These kinds of issues are very common. You can call a local legal aid service and easily get advice.

Conflicts Involving Trees and Neighbors

4

According to this, it looks like I was wrong. You can trim anything in your property but you can’t kill the tree. So I guess the OP has a claim depending on what an “arb” is and whether they actually die. Small claims court probably isn’t a good way to see less of your neighbor, however.

5

Arborvitae?

:confused:

6

An “arb” is short for arborvitae, and they are the tall, conical shapes evergreens that people use for privacy screens, so they don’t have to see their neighbors, or a road, or whatever.

They are very popular in the US as privacy borders. One of the most popular is called the “emerald green arborvitae”, which can be found in most home improvement stores, in their lawn and garden department.

And you are right… I don’t want to deal with this guy again. However, I have just grown tired of turning the other cheek, as it were. It is the easier path, but I don’t like being a pushover. There is no one I am trying to impress, but I do have my self respect. And I feel like in this case, I have to stand up and say “enough”.

Do I want to sue him? No. The fence issue would be handled by the township and would not be something that would have to go through the court system. However, a dead tree might be something that I’d be upset about. Not only for the value of the tree, but also for the gap it will leave in the privacy screen, put up so I wouldn’t have to see him or his wife ever, not even by accident.

it angers me when the best course of action is to just ignore it. Because no one ever ignores anything I do. I go out of my way to be polite to my neighbors, and will talk to them about anything that might become an issue, like the planting of trees. I would have never cut anyone’s tree without letting them know first, and giving them a chance to do it themselves.

And considering I let this guy know I was going to do it to his tree, and he said “go ahead, I don’t give a shit.” I think I gave him much more warning than he required. But i truly don’t want to do anything because it will only make things worse. And I don’t have the time or energy for it.

This is a guy who threw tomato seeds in my yard before I moved in. And 10 years later I still have these plants popping up in my landscaping. He told me he was responsible for the tomatoes a few years ago when we were still talking, and the thought it was hilarious. I did not. However, I didn’t say a word, and I didn’t do anything to get him back.

7

The way I see it, anything you do whether legal or otherwise, is going to escalate the situation.
I guess the real question is, how far are you willing to take this?
Do nothing and forget it is probably the best answer.

Personally I think I would have a hard time forgetting it. I tend to escalate things in larger increments than most people. Rather than telling him I would cut back his trees I might say something like “I’ll burn your garage down.” Out of earshot of any witnesses of course.
I wouldn’t do it but sometimes it’s better if people think you’re crazy, it gives them something to think about.
:smiley:

8

Since you don’t want to go all Sun Tzu on the guy, just forget about it. Otherwise, I would use the fence thing as a bargaining chip.

9

Not trying to blame you, OP. But you knew it was a problem last year. Why didn’t you just proactively trim your arbs? Why wait for him to butcher them?

Maybe you can get an arborist to come look at them and see if he harmed them as badly as you fear. Then perhaps take him to small claims to take the damaged ones out and put the new ones in. Or tear them out and put up a privacy fence.

My folks had a neighbor that poured their concrete driveway TWO inches over the property line. So they had a survey done and made them cut off two inches of concrete. I thought it was ridiculous, but they said leaving it would essentially give him two inches of their lot. It was the principle, and they were prepared to take the nuclear option. I probably would have let it go, but it wasn’t my property or my problem.

10

Legal advice, and advice about how to deal with neighbors, is best suited to IMHO.

Colibri
General Questions Moderator

11

Leaving it would never mean they get the two inches, by the way. Not how the law works, I’m afraid. I know this because I bought a house where the fence wasn’t quite on the real property line. I checked. An improperly placed fence, no matter how old, doesn’t change the property line. Period.
Just so you’re aware.

As to the OP, how is it you had an encounter over this very issue last year, but still didn’t bother to learn he’s perfectly entitled to cut anything that hangs over his property line? Not just entitled but responsible for! I doubt that two inches one way or the other is going to matter to anyone. Most property lines have a four inch leeway just for such issues. If you’re unhappy with how he trimmed the shrubberies then maybe you should have acted pre-emptively before he had a chance, after mentioning it last year.

Whether this was him or his wife has no more to do with any of this than f-bombs and tomatoes. And I highly doubt you can get a restraining order to stop him doing something he’s perfectly entitled to do.

Instead of considering retribution and escalation you should calm down and get informed before screaming, ‘I have rights!’

Consider a fence, of your choice, at your expense, after fully checking local building codes. You wouldn’t even have to see his face anymore, your problems would be solved. And, no you do NOT have to consult with him, providing you adhere strictly to the code.

Get thee to the community by law office and ask a lot of questions, THEN choose an informed, intelligent way forward.

(Do yourself a big favour though, and drop all the nonsense about who started it, and tomatoes, wives and F bombs. Stick to the specifics. And go in ‘asking’, not telling them how you think it ought to be!)

Good Luck, I have a feeling you’re going to need it. Do keep us updated. I will be curious how this gets resolved. I hope it calms everybody down.

12

These are mutually exclusive. Pick one.

13

You are tired of turning the other cheek? Once? How many other things have happened that you have exhausted all your patience?

14

That may well be the case in Ontario but it is not true universally. In many jurisdictions, after a certain number of years they would get the two inches through adverse possession.

15

Neighbor was in his right to trim back your bushes that were encroaching on his property. Sure he could have been more neighborly about it, but you already said things were a bit tense before this situation. Unless you live in the southern hemisphere, with winter quickly approaching, your precious arbs should do fine with us just entering spring now. They have plenty of time to heal before the first frost several months away.

What type of fence is it on the property line? And are your bushes growing through the fence?

But given that we all love to hear a good neighbor brawl, I think it’s time to go all nuclear on them.

  • Get that chainsaw out and start cutting limbs.
  • Take it to the next level and start playing death metal music outdoors with the speakers pointed at their yard.
  • Start a compost pile (not just kitchen garbage, but collect your own fecal waste as well) on their property line, with fans blowing the odor into their yard.
  • Stealthly put a “For Sale” sign in their front yard.
  • List their house for sale on Craig’s list.
16

Pardon my ignorance-

How does “the fence has to be 12 inches back from the property line” work? If both of you build fences 12 inches back, what happens to the two lost feet? If only one does, the other person’s yard just got gained a foot.

17

I’m pretty sure that’s so you can maintain the other side of the fence without trespassing on your neighbor’s yard.

18

This is an excellent use of that extra foot of space on your property but outside of your fence! :smiley:

19

It’s not clear to me whether your neighbor trimmed over onto your property, or just cut the bushes back to the property line. It’s also not clear whether the bushes now look bad from your side, or if the bare trunks are only visible from from his side.
I personally wouldn’t trim someone else’s overhanging tree branches back if it would make the tree look worse. You should probably think about what it’s going to look like if you do trim them back.

20

Good questions from everyone.

Everyone is correct. He had the right to cut the shrubs back. And I can’t do anything about it, except to cut his trees back.

That really wasn’t my question.

I wanted to know if he would be liable for any trees that died, or if he cut back beyond the property line was he liable for that.

I also don’t think this guy or his wife are very stable, and I don’t want him on my property ever again, which is why I asked about the restraining order (or whatever something like that would be called).

I know this is something that would be much more interesting if you knew the backstory. However, I have my version of events, and he has his. It really doesn’t matter how we got to this point. We will never agree on the events. To type them out here would be pointless.

I wish we could get along to the level of saying hello if we passed each other, but I don’t want to exchange christmas cards, nor do I want to invite them into my home. If you all understood what the last 10 years has been like, you might be more understanding of my frustration, but that isn’t necessary.

The bigger issue is whether I should escalate this or not.

And by the way, I did mention the fence to him last year, I told him it was improperly placed, and if I wanted, I could have him move it. So, if he wanted to cut the trees, he could, but I could have him move the fence. However, I didn’t see the point. To do something just for spite or so I can be the bigger dick isn’t exactly how I want to live. However, just like he had the right to cut my plants back, I have the right to have his fence moved back. And that is the point. If I do that, it will cause him to move over 20 trees, not to mention the fence.

I don’t know. The people that put his fence in last year used my property to install it and I didn’t say a word. I think if I was an asshole from day one, I wouldn’t be dealing with this now, but who knows? I don’t know how tightly he is wrapped, and people do crazy things. I don’t need him pulling a gun because he feels he has been slighted. Impossible? Hell, I don’t know. I personally think he’s crazy. He’s a walking cliche.