Resolving Property Line Disputes with Unreasonable Neighbors

Property line disputes can be a frustrating and challenging issue for homeowners. Whether it’s a fence, overhanging trees, encroaching roots, or other landscaping concerns, these disputes can arise in any neighborhood. In this article, we will explore the steps to take when dealing with an unreasonable neighbor who refuses to fix plants that are damaging your property.

Understanding the Issue

The problem of plants crossing property lines and causing damage is a common one. In Mary’s case, her neighbor’s bird of paradise and coconut palm are destroying her chain-link fence. Despite attempts to discuss the issue, the neighbor has been uncooperative and refuses to take responsibility for the damage.

Documenting the Situation

The first step in resolving the issue is to thoroughly document the situation. This includes taking clear photos of the fence, the bird of paradise, and the coconut palm, showing how they are affecting your property. It’s also essential to keep a written record of your conversations with your neighbor, including the dates and topics discussed. If you have receipts for any repairs or maintenance you’ve done because of the damage, save those as well.

Reviewing Local Ordinances

Next, review your local ordinances or homeowners association rules, if applicable. Many areas have specific guidelines regarding property maintenance and responsibility for damage caused by plants or trees that cross property lines. Understanding these rules can help you determine the best course of action.

Trimming Vegetation

You can trim any vegetation that is on your side of the fence as long as it does not permanently damage the plants. However, avoid reaching over the fence to remove the plants, even if you believe the fence is on your side of the line.

Sending a Written Request

Since Mary has already tried speaking with her neighbor and hasn’t seen any real improvement, the next step is to send a polite but firm written request. Outline the problem, include your supporting documentation, and request a reasonable solution within a specified timeframe. Keep a copy of this letter for your records.

Consulting with an Attorney

If your neighbor still refuses to cooperate, you may need to consult with an attorney to discuss your options. Throughout the process, remain calm and professional. Dealing with a difficult neighbor can be frustrating, but keeping detailed records and following the proper steps will help protect your interests.

Conclusion

Resolving property line disputes with unreasonable neighbors requires patience, persistence, and a thorough understanding of the issue. By documenting the situation, reviewing local ordinances, trimming vegetation, sending a written request, and consulting with an attorney, you can protect your interests and find a resolution to the problem. Remember, fences and plants can be replaced, but maintaining your peace of mind is just as important.

FAQs

Q: What should I do if my neighbor’s plants are damaging my fence?
A: Document the situation, review local ordinances, trim any vegetation on your side of the fence, and send a written request to your neighbor.
Q: Can I trim my neighbor’s plants if they are crossing the property line?
A: You can trim any vegetation that is on your side of the fence as long as it does not permanently damage the plants. Avoid reaching over the fence to remove the plants.
Q: What if my neighbor refuses to cooperate?
A: Consult with an attorney to discuss your options and remain calm and professional throughout the process.

Q: I have a chain-link fence separating my property from my neighbor’s. They have a bird of paradise and a coconut palm (that hatched from a coconut) that are destroying my fence. We’ve spoken to him, and he did a half-hearted job of fixing the problem. In fact, there was no real improvement at all. He refuses to discuss the issue. Very unreasonable, hard to deal with, kind of a guy. What can I do? — Mary

A: Property line disputes can arise in any neighborhood, whether you live in a city, suburb, or rural area. Sometimes, the issue is a fence; other times, it might be overhanging trees, encroaching roots, or other landscaping concerns. While local laws may vary, the general approach to resolving these issues is essentially the same.

Your first priority should be to thoroughly document the situation. Take clear photos of the fence, the bird of paradise, and the coconut palm, showing how they are affecting your property. Keep a written record of your conversations with your neighbor, including the dates and topics discussed. If you have receipts for any repairs or maintenance you’ve done because of the damage, save those as well.

If you haven’t already, review your property survey or deed to confirm exactly where the boundary lies. This can be helpful if the situation escalates.

Next, check your local ordinances or homeowners association rules, if applicable. Many areas have specific guidelines regarding property maintenance and responsibility for damage caused by plants or trees that cross property lines.

You can trim any vegetation that is on your side of the fence as long as it does not permanently damage the plants. However, avoid reaching over the fence to remove the plants, even if you believe the fence is on your side of the line.

Since you’ve already tried speaking with your neighbor and haven’t seen any real improvement, your next step is to send a polite but firm written request. Outline the problem, include your supporting documentation, and request a reasonable solution within a specified timeframe. Keep a copy of this letter for your records.

If your neighbor still refuses to cooperate, you may need to consult with an attorney to discuss your options. Throughout the process, remain calm and professional.

Dealing with a difficult neighbor can be frustrating, but keeping detailed records and following the proper steps will help protect your interests.

Remember, fences and plants can be replaced, but maintaining your peace of mind is just as important.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.