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brann385 · Jun 29, 2009, 08:40 PM

Two years ago when we moved from a home we had occupied for 31 years, my
Husband removed a hedge on the property line (mostly dead) so the people
Who purchased our home could have more room to park a camper. When we
Moved into the home 31 years ago, the man who sold us that house, said he had
Just planted a hedge (on east and west side of house), so we always assumed it
Was our hedge, and my husband trimmed it twice each year for 31 years. The
Next door neighbor now is sueing us for $2700.00 because we removed HER
Hedge, which she had NEVER trimmed the 13 years she lived there? In my opinion,
I do not think she can prove the hedge was hers; especially now that it is gone,
And she never ever maintained it. Please give me some of your opinions.

TheClimateGuy · Jun 29, 2009, 08:52 PM

In this situation I think it boils down to who's property the hedge was actually on. If it was physically on your property... then no problem. If the hedge was on her property... then no matter how long you took care of it... they will say you still weren't allowed to cut it down.. dying or not. Cheers!

JudyKayTee · Jun 30, 2009, 06:22 AM

I would assume after that many years that the hedge, unless planted well within a property line, was on both sides of the line.

I don't think she has a case - just out of curiosity, where did she come up with the dollar amount for the lawsuit? Fully grown shrubbery is worth a fair amount of money and the dollar amount doesn't seem right.

brann385 · Jun 30, 2009, 07:48 AM

Originally Posted by JudyKayTee

I would assume after that many years that the hedge, unless planted well within a property line, was on both sides of the line.

I don't think she has a case - just out of curiosity, where did she come up with the dollar amount for the lawsuit? Fully grown shrubbery is worth a fair amount of money and the dollar amount doesn't seem right.

The $2700.00 is the maximum amount for a small claim in Nebraska. The amount
Of hedge involved is about 12 to 15 feet and only about 5 ft. had any green on it
At all. I might add the man who planted it 33 years ago, planted it on both sides
Of the house.

AK lawyer · Jun 30, 2009, 10:07 AM

If you maintained it all these years, without objection by your neighbor, the neighbor cannot not claim that the hedge was hers.

Furthermore, even if she can recover for loss of the hedge (doubtful), the neighbor would only be entitled to the value of the hedge at the time it was removed: next to nothing. Not replacement cost.

brann385 · Jul 18, 2009, 02:51 PM

It is July 18 and we have now gone to court
Over the hedge. After this many years it
Was determined that the hedge was on the
Neighbor's property (no survey; just used
A metal detector to find pins; is that enough?)
And even though we said hedge was mostly
Dead, the judge awarded the neighbor
$650.00. Now what I am wondering, can
We file a small claim against her for the labor
Of trimming it for the 11 years she lived there?
Or will she say she never asked us to do it?
It seemed like we were doomed the minute
The judge came in he stated he had that
Same thing happen to him; (someone had
Removed a hedge while he was gone). I
Told him that this was a dead hedge though.
Give me you thoughts please, and thanks
In advance.

JudyKayTee · Jul 18, 2009, 02:58 PM

No, you can't sue for maintaining the hedge. You would be arguing contract law and you can't suddenly make a contract where none existed before.

I must tell you I'm STARTLED by the decision - although I suppose the dollar amount could have been much higher.

File this in the "what the heck is going on?" category, I guess.

passmeby · Jul 22, 2009, 11:15 PM

The whole case seems so silly to me! All over a basically dead hedge... only way to truly tell the definite owner is to do a survey, and that costs money and time and all that... alll over a cruddy hedge!

If I was you, I'd make sure I didn't touch that hedge. Don't maintain it! Don't harm it either!

You could pay to have a survey done, and maybe, just maybe, the hedge is yours... let her plant a new nice hedge and then spring the bad news on her... wouldn't get your money back, but you'd get a good NA NA NA NA NA NA. Or maybe the hedge is half hers and half yours. Let her plant on your half then sue her for it. Or do whatever you want to the plants that are on your half. Or plant something on your half that doesn't match her half or that wuilll overshadow it.

Or you could just pay her in pennies LOL! Get her to agree to a weekly payment plan and every week bring by a sack of (unrolled) pennies. There's NOTHING she can do about that-you're paying and as long as you're on time and have the correct amount, she's just in for a MAJOR inconvenience.

The bank will gladly trade your bills for pennies.

Oh, it's a great feeling!

JudyKayTee · Jul 23, 2009, 07:00 AM

Originally Posted by passmeby

The whole case seems so silly to me!! All over a basically dead hedge.....only way to truly tell the definite owner is to do a survey, and that costs money and time and all that......alll over a cruddy hedge!!

If I was you, I'd make sure I didn't touch that hedge. Don't maintain it!! Don't harm it either!!

You could pay to have a survey done, and maybe, just maybe, the hedge is yours......let her plant a new nice hedge and then spring the bad news on her....wouldn't get your money back, but you'd get a good NA NA NA NA NA NA. Or maybe the hedge is half hers and half yours. Let her plant on your half then sue her for it. Or do whatever you want to the plants that are on your half. Or plant something on your half that doesn't match her half or that wuilll overshadow it.

Or you could just pay her in pennies LOL!! Get her to agree to a weekly payment plan and every week bring by a sack of (unrolled) pennies. There's NOTHING she can do about that-you're paying and as long as you're on time and have the correct amount, she's just in for a MAJOR inconvenience.

The bank will gladly trade your bills for pennies.

Oh, it's a great feeling!!

You did read that they no longer live there and the hedge has been removed - that's the basis of the question - right?

Otherwise, as I said, juvenile and legally incorrect information.

ScottGem · Jul 23, 2009, 07:09 AM

Originally Posted by passmeby

The whole case seems so silly to me!!

If I was you, I'd make sure I didn't touch that hedge. Don't maintain it!! Don't harm it either!!

I'm not going to give you another reddie, though I think its deserved. First, because you (again) made yourself look foolish by not carefully reading the question. The OP was clear that they no longer live in the house and that the hedge was gone. So the second part of what I quoted was totally off. Second, because the rest of your advice has little to do with legal remedies and mostly juvenile revenge.

ScottGem · Jul 23, 2009, 07:14 AM

Originally Posted by brann385

After this many years it
was determined that the hedge was on the
neighbor's property (no survey; just used
a metal detector to find pins; is that enough?)

That is enough to determine the property line. The question is what proof was there that the hedge was on her side of the line?

Originally Posted by brann385

and even though we said hedge was mostly
dead, the judge awarded the neighbor
$650.00. ... I told him that this was a dead hedge though.
Give me you thoughts please, and thanks
in advance.

We are back to proof. What proof do you have that the hedge was mostly dead or dying? What proof is there as to where the hedge was planted?

My feeling is that the judge tried to be reasonable here. Absent proof one way or the other, he awarded her some money but not what she asked for.

passmeby · Jul 23, 2009, 07:25 AM

Yes I know it's juvenile, but if he's p.o.'d, it can make him feel better to pay her in pennies. Nothing wrong with that. Nor is is it illegal. But let's please not get into a discussion, I don't care to, OK?

Yes, you're absolutely right, I forgot that he had moved, so the first half of my post is void. My apologies. I'm not the first to answer without re-reading, and I won't be the last. We're all guilty of that. No need to get nasty about it, it was a simple mistake. I don't think I told him to do anything illegal, just annoying. OK, end of discussion for me, but I know, I sure can't tell you to drop it, so carry on.

ScottGem · Jul 23, 2009, 07:55 AM

Originally Posted by passmeby

Yes, you're absolutely right, I forgot that he had moved, so the first half of my post is void. My apologies.

I won't get into the juvenileness of revenge by paying in pennies. That you would suggest it speaks for itself.

Had you just posted the quoted statement I wouldn't comment. But you couldn't just leave it at that. Whether other people make the same mistake or not is immaterial. Most of the time such mistakes are called out, just as yours was. The problem is your track record for making such mistakes is not very good. Its been mentioned to you before about reading the posts carefully and making sure of the accuracy (and legality on legal boards) of your answers, before posting.

Now I will drop it and advise everyone else to do so or I will remove further comments from this thread.