[mteechr]

When I purchased my home four years ago, there was existing, mature landscape. The following year we had an inground pool built and in doing so two of my three neighbors often communicated with us about what was working and what wasn't with the plants. The third neighbor never spoke to us.

On the side of our house where the non-speaking neighbor resides the fence had this lush and beautiful foliage all along it just about the length of the house, one reason of which I purchased my home (nice landscape). Over time, I have had the worst time with periodic 'burning' of the leaves in specific patterson all of my plants there.

One day I came home and found the entire length of my fence with this foliage had been chopped down to below the top of the fence and all of the cuttings were thrown on to my walkway. Long story short, I caught the neighbor spraying roundup on it recently. I have tried to talk to them, went over one early evening to ask to please let me know if there are any problems and the woman shut the door in my face and shut the porch light out, leaving me standing in the dark.

What are my rights to keeping this foliage? I love it, I want the privacy as we have a pool and spa. I would like to add some lattice to the top of the fence on my side to aide in the weight and height of the plant. Do I need permission to do this?

Any ideas at all in getting the neighbor to stop killing my plants all along the fence would be appreciated.
Thank you!

[oneguyinohio]

If the plants are rooted on your property, the neighbor only has the right to trim anything that may overhang his property. If his spraying causes your plants to die, he could be taken to court for the cost of replacement with an equal size plant.

As far as the fence, you would need to check your local ordinances, building department, etc about the height limit for fences, and if your addition to the fence would create the need for an additional permit.

It sounds as if the neighbor exceeded his authority by cutting well into your border causing damage to your plants. Sounds like you may need a lawyer on this one, and perhaps evidence that the neighbor did the damage. You could check with your sheriff's department about pressing charges for property damage.

[froggy7]

First things first... who's plants are they? The answer may not be as simple as it seems, because the fence may not be on the property line. Once you know that answer, then you can figure out whether the neighbor is damaging your property or theirs. If the plants belong to them, there's not much you can do about it.

[ScottGem]

Also it depends on whose fence it is. You can't make any changes to it unless its on your property.

If you do find that its your plants, then this is a civil matter. The police or sheriff will not get involved. You need to file suit against the neighbor.

[Fr_Chuck]

Yes, I will agree, from the survey you did of the property line, where is he fence on your property, his property or the exact line. Then on whose property is these plants on, As noted if they are his plants, he can do what he wants, if they are your plants, you can hold him liable for any damages he does on your plants on your property.

[mteechr]

Well, I'm back! I did not figure out at first how this worked. I thought I just sent a question and viewed all the answeres. I did not know I could respond to the answers (duh). The property line is that the plant is on my side. The plant is still green, but never has flowers anymore. How do you hold someone accountable for that? Thanks for your answers.