I know this subject has come up before but I have a somewhat different question. My neighbor has a ficus hedge that he planted about 4 years ago and is now approximately 12feet high. They trim it maybe twice a year and the problem is that they trim all of the hedge EXCEPT the side in my back yard. We've lived here for 13 years and have always had a fence and dogs. When they first started trimming the hedges and we noticed they weren't going to trim our side we politely asked the yard crew to come over (we would gladly put the dogs away)... nothing. The next time (mind you, this only happens every six months) we went over and politely asked the neighbor himself to have his yard crew come over... nothing. We've had our HOA contact them as well. The problem is that 1) I don't feel I should have to trim THEIR hedge... it's not easy, it's messy and time consuming; 2) it's just plain inconsiderate; they refuse to have their crew come to us to ask to get into the back yard. I have enough to do in my own yard and shouldn't have to waist my precious time trimming their HUGE hedge (we live on acre+ lots so the hedge that borders our backyard is quite extensive). Is this a small claims matter? Thanks for any advise.

I think the viewpoint is that it may be their hedge but you have your side too and if you want it to look good, you will have to trim it. Would the cost be prohibitive if you were to pay? I spend a lot of time on my yard and have a wonderful garden. Our neighbour many years ago planted a cedar hedge which extends about l50 ft. down the yard and I trim it twice a year to maintain the look of a very well kept garden. It is my choice.

Normally courts will not award you judgement. You can try, hire someone to trim your side and then bill neighbor, if he does not pay sue him. Personally guess, you will not win but then I have been wrong before.

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Originally Posted by mothersam

I know this subject has come up before but I have a somewhat different question. My neighbor has a ficus hedge that he planted about 4 years ago and is now approximately 12feet high. They trim it maybe twice a year and the problem is that they trim all of the hedge EXCEPT the side in my back yard. We've lived here for 13 years and have always had a fence and dogs. When they first started trimming the hedges and we noticed they weren't going to trim our side we politely asked the yard crew to come over (we would gladly put the dogs away).....nothing. The next time (mind you, this only happens every six months) we went over and politely asked the neighbor himself to have his yard crew come over......nothing. We've had our HOA contact them as well. The problem is that 1) I don't feel I should have to trim THEIR hedge......it's not easy, it's messy and time consuming; 2) it's just plain inconsiderate; they refuse to have their crew come to us to ask to get into the back yard. I have enough to do in my own yard and shouldn't have to waist my precious time trimming their HUGE hedge (we live on acre+ lots so the hedge that borders our backyard is quite extensive). Is this a small claims matter? Thanks for any advise.

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Just from a personal standpoint - and I have a wooden privacy fence and could at some point be approached by a neighbor to re-seal their side - I would not take the responsibility for my crew on your property trimming the hedge.

It isn't your place to ask the crew that they are paying to do any work on your property (although I can certainly see why you would). I'd approach the neighbors again without being visibly annoyed, explain that your concern is if YOU trim it you might damage and/or kill it by improper trimming/pruning. Once you get into the "precious time" argument you will probably lose their cooperation.

If all else fails, sure, you can pay to have the shrub trimmed and take them to Small Claims Court but I have no idea how that would play out. At the moment you have no claim in Small Claims Court because I don't see you have any damages.

You might also try your local zoning office to see if the hedges are in violation but I rather doubt they are.

JudyKayTee: "I would not take the responsibility for my crew on your property trimming the hedge."

Ah... but that issue isn't valid since the crew goes on the neighbors property that is on the other side of them to trim their side. The only difference is that we have a fence & dogs. I am home all the time and have been here every time they have had the hedges trimmed. I will gladly put the dogs away and let them into the yard.

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Originally Posted by mothersam

JudyKayTee: "I would not take the responsibility for my crew on your property trimming the hedge."

Ah.....but that issue isn't valid since the crew goes on the neighbors property that is on the other side of them to trim their side. The only difference is that we have a fence & dogs. I am home all the time and have been here every time they have had the hedges trimmed. I will gladly put the dogs away and let them into the yard.

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The fact that they are willing to trim the bushes on the other side of their property but not your side speaks volumes about your relationship with your neighbors. For whatever reason they are obviously not willing to cooperate with you.

My advice still stands.

First check the lot lines. Are the scrubs absolutely on their property, not on yours. If they are on their property, anything that extends over the lot line would be your responsibility to trim.

The fact that they are willing to trim the bushes on the other side of their property but not your side speaks volumes about your relationship with your neighbors

The thing is... in 8 years we've never had any issues with those neighbors. We aren't "pals" or anything but we've always been friendly with each other and say Hello. This is the first time we've had to deal with them and we approached it very politely in the beginning. Since this issue has taken place another one has arisen and has caused a problem. The same neighbors have a dachshund that they've allowed to roam the neighborhood for 8 years. Last year we got a Doberman Pinscher puppy and now he is HUGE. A month ago the dachshund showed up on our back patio (he can fit through the picket fence slats). We have two other dogs as well. We alerted the owners that it is not safe (not to mention legal) for their dog to be in our back yard with our dogs. The large Doberman could either accidentally hurt the dachshund or deliberately... as a territory thing. The neighbors did nothing. The dachshund kept coming. We had the HOA advise them to keep their dog on a leash... still nothing. Finally I had to involve Animal Control. Again, I should not have to deal with their dog coming onto my property and having the possibility of a fatal incident occur. Does this explain the kind of people we are dealing with a bit better? To have no concern for your own animal, until forced to do so? Same basic thing with the hedge... just plain inconsiderate and unneighborly, to say the least.

Yes, inconsiderate and un-neighborly, but not illegal or actionable.

I do not know the laws in your state, but have found reference on line, that you might be able to pay to have the limbs removed that are trespassing on to your property, then submit the bill to the neighbors because it is their property that is encroaching on your right to full use and enjoyment of your property.

http://www.lgc.state.pa.us/deskbook0...hbors_Tree.pdf

It might cause a lot of hard feelings, but afterwards they would probably keep them trimmed so as to avoid additional expense. You could give them something in writing to allow them the chance to trim the bushes at their expense, (telling them you will be happy to allow them access to your property and confine your dogs... ) and further telling them that you wish to avoid your other option holding them legally responsible for your financial expenses involved if you have to hire the work done and pursue the matter in court.

I would try to word the letter as nicely as possible, saying that you want to mutually resolve the issue.

The dog issue is another one, and their dog tresspassing, esp if you have a fence can be a issue that could end up in court. The issue with the bush is not, so basically you are going to end up trimming it.

As far as the little dog getting through your fence, they are absolutely in the wrong to allow that. However, if you want to help protect the puppy, it might be possible for you to put up a low barrier about one foot high along the fence. I am thinking of some type of screen or small wire fence that would not be visually upsetting for you... but that is only an idea to help you with your concern about preventing possible harm to their dog. Again, you shouldn't have to do it, but... not all people are considerate of their neighbors.

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Originally Posted by mothersam

The fact that they are willing to trim the bushes on the other side of their property but not your side speaks volumes about your relationship with your neighbors

The thing is......in 8 years we've never had any issues with those neighbors. We aren't "pals" or anything but we've always been friendly with each other and say Hello. This is the first time we've had to deal with them and we approached it very politely in the beginning. Since this issue has taken place another one has arisen and has caused a problem. The same neighbors have a dachshund that they've allowed to roam the neighborhood for 8 years. Last year we got a Doberman Pinscher puppy and now he is HUGE. A month ago the dachshund showed up on our back patio (he can fit through the picket fence slats). We have two other dogs as well. We alerted the owners that it is not safe (not to mention legal) for their dog to be in our back yard with our dogs. The large Doberman could either accidentally hurt the dachshund or deliberately... as a territory thing. The neighbors did nothing. The dachshund kept coming. We had the HOA advise them to keep their dog on a leash.......still nothing. Finally I had to involve Animal Control. Again, I should not have to deal with their dog coming onto my property and having the possibility of a fatal incident occur. Does this explain the kind of people we are dealing with a bit better? To have no concern for your own animal, until forced to do so? Same basic thing with the hedge.......just plain inconsiderate and unneighborly, to say the least.

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I had a thought that something else was going on here - and I agree, they sound like problems, bad and inconsiderate neighbors but I doubt anything so far is actionable. Even if your local laws give you the right to trim "their" bushes on "your" side you have to be very, very careful that you don't harm the bushes or kill them.

I had a problem with my 3 large (over 110 pounds each) dogs and the neighbor's dog and child and my chainlink fence and after a few pleasant and a few not pleasant conversations paid an Attorney to write a letter advising them I had done all I could do to separate dogs and child and they were liable from that point on. Maybe that's a thought - have an ATtorney write and say if they don't trim the hedges you will.

It did not make for a pleasant next door relationship but, like you, I was afraid someone would get hurt. (Why is it that people can't control their own dogs/children - ?)

(Why is it that people can't control their own dogs/children - ?)

My thoughts exactly! I have NEVER let my pets or my children cause a disturbance to other people and can't imagine why there are people who can't do the same. To give you an example... when my children were small and we would take them out to eat with us, I can't tell you how many times I had people stop at our table to tell us how well behaved our children were. That just tells you that more than not, many children are an annoyance in restaurants when others are trying to have a peaceful dinner out!! Thanks for your kind words and your commiseration!

How did we get from a hedge being a problem to kids and dogs? I read in the OPs post about putting her dogs in to allow the crew to trim her side, but it didn't appear to be an issue, and where did the children appear in the OP... mmmmm

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Originally Posted by tickle

How did we get from a hedge being a problem to kids and dogs? I read in the OPs post about putting her dogs in to allow the crew to trim her side, but it didnt appear to be an issue, and where did the children appear in the OP........mmmmm

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Sorry - I wandered off topic. She has a problem with a fence line and her dogs and the neighbors' dog; I had a problem with a fence line and the neighbors' dog and kids.

Yes, I went off topic unnecessarily.

If the ficus bushes grow on your side of the property line you can do anything with them that you wish by law. Ficus are so horribly fast growing and unruly you can cut them back 4 times a year and not make a dent in them. I had them in Florida all around my house to give shade to the house. I would op to cut the bejeezus out of them on YOUR side of the property line even if they make their side look lopsided (even if you cut them off at the ground line). After all, it's YOUR property and the ficus is the intruder (or trespasser). Even cutting them off at the ground line will just retard their growth for about a year but not kill them.

As for the weiner dog... a small mesh near the ground will work wonders keeping his weenieness out of your yard and keep your dogs from eating him for breakfast.