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jthutch · May 17, 2007, 09:31 AM

22 years ago our neighbors planted a hedge on the property line. There are 40 trees that make up the hedge. Last week I trimmed 7 trees I trimmed branches that were encroaching my property and also cut them down to 7 feet. Now I received a letter from an attorney (a friend of his) threatening damages of $900.00 per tree. I've lived here for 21 years and the neighbors use it as recreational property. They trimmed it in the past, now its out of control and in places its over 13 feet tall, blocking sun to our garden.

I just got out our home owners protective covenants agreement concerning hedges and it goes: No fences hedges or boundary walls shall be planted or constructed more than 6 feet in height and, in ares where, in the opinion of the control committee, such fences, hedges, boundary walls or plantings would interfere with the view of adjacent lots in said plat they may be limited to a lesser height as specified by the control committee.

ScottGem · May 17, 2007, 09:41 AM

You have the right to trim any branches that are over your property line. However, if in doing that trimming you cause damage to the tree, you can be held liable.

What I would do is take a picture showing how the hedge encroaches on your property. You may have to stake out a line if there is no thing otherwise indicating the line.

Send that picture to the attorney with a statement that a) the trees are overhanging your property line and you only trimmed what was over the line and b) there is no damage to the trees.

Now the issue of blocking your garden is a thorny one. If your garden was in place prior to the planting of the hedge, you may have a counterclaim. I would definitely consult with a real estate attorney on that issue.

froggy7 · May 17, 2007, 05:13 PM

I have a feeling that the issue is the trimming them down to 7 feet. Because there's no way of doing that without cutting things on the other side of the property line (unless you have trees that are growing at a distinct slant!)

I'd be interested in seeing what the results are about the garden being shaded. I'm not entirely sure how the law works on that, since as I understand it, the neighbor has the right to do whatever he wants with his yard. And from what I understand, blocking a view, or having a tree that sheds lots of leaves into a neighbor's pool (for example), is not something that you can sue over. But on the other hand, it doesn't seem fair that the one neighbor can sue because of the damage to his trees, and yet not have any responsibility for the impact that the tree has on his neighbor's yard.

Fr_Chuck · May 17, 2007, 05:26 PM

You are in the wrong, sorry, you can cut them back on your side of the property line all you want, but when you cut them down to 7 foot, you also cut back the tree on his side of the property line, ( that you can't do without his permission) and I would guess you had to tresspass on his property to pick up limbs also. And since they trees were joint, on both property if on the line, you can not cut them down without his permissoin also, only trim back your side.

I would go try to work this out with him, coming up with a value of damage would be hard, but it could be looked at from the value of a 7 foot tree to the value of a 13 foot tree.
I can agree with you as a person, but if I was on the jury, you would be getting your check book out big time. Not the answer you were wanting to hear I am sure.

You may well want to have a survey done to see if any any chance the trees are more slightly on your property, and only "overhangs" his side.
But of course this may also show that the trees are more on his property, which would only help his case.

ScottGem · May 17, 2007, 05:35 PM

I missed that you had trimmed the tops. That was too far and you will proably be liable.

treyball3 · May 18, 2007, 07:51 AM

It sounds maybe like the hedges are against the homeowners association rules. I would think instead of trimming them yourself, you should've gone to the HOA and filed a complaint. Then it would've been up to them to take care of them and you wouldn't have to be worried about being liable. Just my opinion...

Emland · May 18, 2007, 07:59 AM

You may have an angle with the Home Owner's Association. Perhaps you can come to an agreement on the damages and if you can't then pursue an action with the HOA that would bring your neighbor into compliance.

I think that adverse possession is going to work against you in this case. They were openly encroaching on your property for more than 5 years and you took no action. Most likely if it went to court, you would lose.

ballengerb1 · May 18, 2007, 08:04 AM

Sorry guys but I do not read that he trimmed any portion on the neighbors side. "trimmed 7 trees I trimmed branches that were encroaching my property and also cut them down to 7 feet" is a bit vague but does not state he trespassed. Maybe we have read something into this that isn't a stated fact. The convenants of his association state that a committee (God help us) has to make a determination if the hedge is allowed at all. The friend/lawyer can say what he wants but until legal action takes place Hutch does not need to do a thing.

Fr_Chuck · May 18, 2007, 08:10 AM

Of course trees that have been in place over 22 years may be exempt from HOA rules, and since they are trees, not hedges or fences, that may not apply either.

Since you did not say trees along the property line. Also how old is the HOA, when was the rule made, if the rule was made after the trees were planted, they can not rule on this.

And of course your recourse would not be cutting them yourself, but having the HOA notify and order them to be cut, and have the HOA cut them if they felt it was legal to do so.
Sorry but I doubt this HOA ruling will help at all in the civil case if the other property owner wishes to sue you. Since you did not know of this fact before hand also,