Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My neighbor has planted a hedge that is growing across my property. I asked him to trim it back so it would still look nice, but be on his property. He not only has let it grown further (he claims he’s using the easement, which half happens to be over MY boundary line). Then, to top it off, he planted trumpet plants next to where my 13 year old (once) beautiful alamanda bush is. He’s been hacking away at it slowly so he can continue moving over my property. He owns a landscaping business, and he says I can’t have him arrested because the landscapers are doing the actual cutting. I threatened to cut his trumpet plant if he continues to hack my bush. He called the police on me, and they said I could be arrested if I touched his plants (Oh, he also owns a gun and ammunitions business in which many of the local police buy from). Why can he cut my bushes on MY property, yet he can continue to encroach on mine? Does he have the right to let his plants grow over the easement that is on my property?
Thanks for any help you can give me.”Your legal rights notwithstanding, do you want to anger your gun-toting neighbor?
Question: Unfortunately, property owners’ rights to maintain their or their neighbors’ plants are governed by local law. Therefore, without knowing where you live I couldn’t answer your question (and probably couldn’t anyway, since I don’t know the law of every state).
