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.
“We have an abandoned broken down house and unkept property next door and behind us. The properties are both now owned by ASU bank in another state. Our fence is currently being taken down or torn apart from a large 1/2 acre blackberry bush. We had the previous owners clean it up once but they did nothing to kill the blackberries and there is a law about maintaining and cutting down these types of berry bushes. We have done what we can on our side with them but they grow under ground and pop up half way in our yard. They need to be destroyed at the source. Do we have any legal recourse with the bank to repair our fence, or soon to build us a new one?”
Probably yes. If there is a law requiring owners in your area to maintain the plants on their land (at least to the extent that they interfere with the neighbors), then there’s a good chance that not doing so qualifies as either a trespass or nuisance, possibly both. Either one would give you grounds to sue the owner of the neighboring
property-that is, the bank.
A less expensive (to you) option you might want to consider is contacting the code enforcement or similar agency in your area, to see if this is the type of problem that they might cite a property owner for.
Another possibility is to contact your homeowner’s insurance company, who may be willing to take some action against the neighbor (or their insurance company) to avoid a possible future claim. In the case of damage only to a fence, however, this might not rise to the level that an insurance company would address.
One thing you should not do, however, is take any direct action (like pruning the bushes yourself) without consulting a local attorney first. Laws on this differ from one area to another, and even if you are within your rights in doing so, you want to do it correctly and carefully to avoid any potential liability.
