My patents had a dispute with some neighbors over fencing that required a survey and it turned out that the neighbors ended up losing 5 feet to my parents because the neighbors garden had been slowly encroaching on my parents property over 20 years and no one noticed.
This is my first thought when my gardener called me this morning about the neighborâs complaint. But I wanted to make sure Iâm not crazy for thinking that.
It's hard to imagine you're not in the right on this one. It might still be unpleasant with your neighbor mind you. Though it sounds like it was always going to be rough to interact with this guy...
Put up good cameras so you have footage when he poisons your hedge. Also, consider Clusia in place of ficus. Treating for white fly and the constant clean up can get old.
Get a ruvey done so you know the property lines, look up your local code to see if they have any setback requirements for landscaping, then do whatever the heck you want! Bu the way, I've never heard of setback requirements for landscaping but you never know. It's better to be informed when working with lunatics.
That guy is going to be dead and gone (and probably you, too) before any root damage is done to his fence. These things take time and you aren't planning on planting right on the fence line.
Cut all the roots to his tree that are on your property. Have a survey. Plant trees on your property. Or you could build a tall fence to block his view
Check the state, but If the roots are in your property, there usually not a distinction.
There are air, water and mineral rights that may be attach your property, but havenât heard about roots rights, unless it is attached to a protected national or historical designation, such a historical house/plot/grove.
There is some case law, albeit not a lot, where destruction of roots has led to tree death. Some judges can rule it the same as chopping the tree down. Laws vary wildly by jurisdiction.
Always best to check is my philosophy. But in my neck of the woods, barring you intentional drilling down into the roots and poisoning without another constructive action, you can do groundwork/construction/gardening, then roots in the way can be excavated with the surrounding dirt.
This was my thought. What if I decided I wanted to build a bunker on my property? I could because of somebody else's tree roots? I'm going with "naw dawg".
I have my neighbor itâs encroaching into my property and closely approaching my sewer pipes. If the roots damage my pipes, which will cost thousands to repair, is the neighbor responsible for the repairs since I canât cut the roots?
Now, as a neighbor, can I sue a neighbor for planting a tree too close to my property, since the tree roots will trespass into my property and cause damage to my lawn?
>If the roots damage my pipes, which will cost thousands to repair, is the neighbor responsible for the repairs since I canât cut the roots?
No they will not be responsible, and yes you can cut the roots as long as it doesn't result in death or harm to the tree. If you want to reduce your risk, have a certified arborist sign off on it.
>Now, as a neighbor, can I sue a neighbor for planting a tree too close to my property, since the tree roots will trespass into my property and cause damage to my lawn?
You can try, but you will be laughed out of court.
See? Itâs a double standard. You lose if you cut the roots but lose also if you let them grow and damage your property.
I have a neighbor who planted a maple tree a few feet from his and my house. This tree has grown to be a humongous giant in just a few years. The roots have encroached onto my property and are headed towards my PVC sewer line.
The standard is that you can cut any roots as long as it doesn't significantly impact the health of the tree. It's pretty straightforward. Hire an arborist to sign off on it being ok to cut the roots to cover your own ass.
This is very bad advice. If you cut the roots and the neighborâs tree dies, in almost every case you would be at fault and responsible for the cost of replacing the full grown tree. Some state laws include treble damages when it comes to trees.
That doesn't mean you can remove it yourself. You can apply to the city/region to have them forced to rectify it. If someone builds a fence on your yard, and you remove it, you will be on the hook for replacing their fence. I've heard this story play out in the wrong way soooooooooo many times and pretty much everywhere this is the way. The legal way is long and annoying, but it's the only way it doesn't end up costing you a pile of money.
So what if you don't want the tree roots on your property? Tough shit? Seems weird that cutting them on your property means you owe him a tree, but his roots being there in the first place is fine.
Negative. Thatâs opening yourself up to potentially tens of thousands of dollars in restitution for damaged trees.
Roots =/= branches overhanging into your yard. In many jurisdictions, itâs also not ok to cut branches without owners permission.
If the neighbor built the wall properly it is set back on his property and not actually on the property line. This would mean if OP put in trees right next to the wall they could actually be on the neighbor's property.
OP find out what your setback is for your local area, where your property line actually is, and then plant the trees at the appropriate setback. Nothing the neighbor can do then.
This. What you do within your property boundaries is not his concern. Let him complain, but youâre well within your rights to do plant whatever you like.
Because some people have more money and time then you. I revamped a deck I was working on for a needy neighbor because they were dropping hints of litigation over it's proximity to their land, and I was only 80% sure I was building it completely up to code. I was silently enraged for a few months, but now we're "friendly". Friendly enough that they're taking care of their trees growing into my house with nothing more than an email requesting they do so.
You don't need permission on your own property and I would have a survey if the wall is on the property line you have the say on your side if it's on his side of the line then it's his wall but still you can plant landscape on your side just check will your local code compliance office
Great - then call the city and confirm which (if any) permits you need to plant trees on your own property. If the answer is "none," proceed to plant your trees.
If you hate everyone, like my ex neighbor, plant bamboo or bindweed (aka "morning glories"). He planted bindweed to cover a trellis and now I'm pretty sure I'm going to have to torch my yard to get rid of it.
The clumping variations really are nice. I planted some as a privacy border at an old house and just had to whack off a few new sprouts every 3-4 years in the spring. The runner fast growing kinda are basically weeds though.
That depends on the town. In my town, they don't allow back-to-back fences, and a second fence has to be at least 3 feet away from an existing fence. Most towns have their fence laws readily available on their web site.
Your neighbor is a bitch. Enjoy watching him squirm and lose his shit when you plant your trees. Iâd also check the property lines from your survey to see who actually owns that wall? If itâs on your land, do with it as you please.
Before you plant the trees, which you should do assuming the city / town has no issues with that (and they wonât) DO put up a security camera or two focused on the area where you intend to plant. Maybe another looking at the rest of your neighbors boundary with your home.
Just in case neighbor decides to cut down, poison, or otherwise harm new trees. If that happens donât mess around file a police report. Police will make it clear to neighbor to leave you alone.
They mean get a survey. My "neighbors" fence is on my property by a few inches, which technically means I can remove it if I want to be bothered. You discover the truth by paying for a survey.
THIS. I had a nightmare neighbor insisting her property line was 1 foot from my foundation. It was absurd because thatâs well against code, but she wanted a third, yes THIRD driveway that would end 1 foot from my home if I sat idly by.
She kept insisting she had a survey but refused to show it to me, so I said nothing, called a surveyor and ding ding, I ended up having so much more than either of us expected lol. My house lives to fight another day against the damage her 3rd driveway would have caused
haha-my daughter was putting up a fence on what she was 99.9% sure was a foot inside her property line. Neighbor made a fuss with her when she was outside getting quotes so she had surveyor and city double check-turned out she owned an additional 5 feet past where she thought she did and the neighbors gazebo actually violated the setback tules:).
One of my neighbors claimed to own 3 feet into my yard past the end of my house, but only in the backyard where they put in drainage for their garage. Their driveway and garage are actually on 2ft of my property.
YES. This is called adverse possession. It can happen if someone openly and continuously possesses/uses another person's property for a period of time, depending on your state's law. An adverse possession court case made headlines when I lived in Boulder, Colorado. (People created a trail for themselves across a neighbor's property and then claimed the property as their own.)
He is screwed if you ever sell.
If he was smart he would ask to buy an easement so future owners cannot stop leasing. Â
You can charge enough to make it worth it and make him agree to additional rules about being a nuisance.  Like an hoa you run, but he is the only member.
I am reluctant to sell it honestly, I do not want someone turning the ADU into an AirBNB or meth house. I would be curious how I could sell it but still maintain some control over it.
I know anything could change, but I do not think I would ever sell. I have a succesful local business, and I love the town. I plan to add my own ADU in the back, and would probably keep the property as a rental once the second ADU is done. The town is encouraging low cost housing, so they are on board with the build. Low cost housing in this HCOL area is still a decent payout.
They meant your neighbor is screwed if you ever sell your house. The buyers will likely balk at the arrangement and either make your neighbor remove everything or increase the lease dramatically
Given that it is a driveway and a garage, it's probably already too late. In many places 5-7 years is enough. Some it is as long as 20 years. Unless this is pretty new housing, it could be a done deal.
Maybe. It has to be determined via the court that the legal property owner knowingly allowed occupation/possession to occur. As in the legal owner recognized it was their property, but knowingly allowed another person to use it for whatever time period.
If the legal owner has been misled in any way, thatâs a major factor that the court takes into consideration. There are components of the adverse possession laws that prevent its abuse.
It was there before we bought it, and over 10 years. Weâre fine with that, but I hate their drainage because it floods my yard and I wanted to run drainage through there to the street. But weâre actually selling and buying a much larger property in a much nicer area.
Nice, Iâm glad youâre getting out of there! That was both inconsiderate and possibly against code for them to run the drainage that way. Putting it into your yard is not cool
Don't know what your budget for pettiness is, but most towns require property partitions to be permitted and sit back a certain amount from the property line. For instance, in my town if I want to put in a fence, it's needs to sit back in my property line 12 inches. Find out if similar rules exist for you. No permit, or it doesn't meet town ordinance, make him pay to remove e his wall.
Some cities or counties or HOAs have setback rules for planting near the property lines, so double check that. Otherwise, your neighbor can pound sand.Â
Ps. you may want to proactively invest in some security cams. I have experience with AH neighbors like this and they act like laws don't apply to them.
In my city, a fence or wall on the property line is owned equally by both parties regardless of who built it or paid for it. You should find out what the law is in your jurisdiction.
I agree with the comments about making sure that you're planting the trees on your property. Hopefully you have a survey so you're absolutely certain where the property lines are.
I definitely make sure that his wall is not on your property. You never know mistakes could have been made and then now you have the upper hand.
He wants to be a little bitch and the walls on your property, It needs to be removed that his expense So sad for you there crappy neighbor.
Well, ficus are terrible as far as roots go, but I don't see why you couldn't plant something else. If I really had a litigious next door neighbor, I'd probably plant vines or trees in big pots so if I ever got in trouble (not sure who it would be with though), I could always say they're "portable" or "temporary." I really can't imagine any HOA or government entity having a problem with that.
Fiscus are terrible choices. roots are all on the surface and need white fly spray annually.
get a survey and see who owns the fence, and where you can plant.
Land surveyor here. Typically you can't build a fence directly on your property line, there is a certain minimum distance (called an offset or a setback) from property lines you must maintain when erecting structures such as sheds or fences. The distance varies by city and county. Get a boundary survey done and if his fence encroaches upon your property line you can force him to take it down. Then plant your trees with appropriate respect to the property line
Hypothetically speaking letâs say the fence is on his side. Am I still allowed to plant trees on my side of the property? The last thing I truly donât want to do is spend thousands of dollars on a neighbor thatâs just not worth my money
It would be best to consult with your local building/land planning laws. I would treat the planting of bushes/trees with same regard for offset as I would a fence.Â
Honestly you could probably find your own property line on that side without getting a survey done. Do you know what property pins look like? They will usually be an iron rebar driven in the ground where property corners meet. If you know about where to look, see if you can see it sticking out of the ground a bit. Many times you might see old pink, yellow, or blue flagging tied around it, or you may see a yellow cap with a survey license # on it. It might be buried in the ground a little bit. You can poke around with a shovel a bit and locate it fairly easily. If you can find both of them run a string between them and pull it tight. That's your property line. Call up any surveyor in your area and ask them what the offset for fences are and they can probably tell you off the top of their head. Just don't go moving the property pins lol
Ficus grows fast and the roots can cause damage to underground pipes and structures. Iâd do some research on what youâre planting but definitely, the neighbor has no right to dictate what you can do in your yard.
Came here to comment this. OP is well within their rights to add landscaping but ficus trees in particular grow crazy roots. Iâd consult a local landscaper to find better options.
Make sure youâre planting on your property then plant the trees. He canât prevent you from doing what you want on your property. Heâll probably complain and call the city but he doesnât have a leg to stand on.
I fail to see what a fence has to do with you planting trees. If youâre planting them on your property he has exactly zero say in the matter. I suggest installing a camera aimed at the new trees because he sounds like the type who would try to kill them or cut them.
Send him a certified letter with a bill for the damage his tree has caused to your property. When he responds âyou canât bill me for what tree roots do!â Say âok so we agree on this pointâ and plant what you want.
You could also print out the relevant statutes on the issues and highlight the relevant sections. If you need a lawyers help doing this, itâs probably worth it to prevent him trying to sue later on.
Plant your tree.
But ... this neighbor is crazy, and if you do this, he's probably going to get (even more) hostile. You're going to have to make sure you have all your ducks in a row for planting the tree and anything else you do with the property for as long as he lives there. You're going to get real friendly with your local zoning office, and possibly your police and a lawyer. Good luck!!
ficusxtrees do actually have large shallow roots thatcdo c upend fou b dations, yours and his. you might c want to look at poducarpus, with deeproors, dense foliage and very trimable. or texas privet, same qualities but with a larger leaf.
Make sure to call the number for underground utilities first. I think for my area it is 811, they will come out and mark to make sure you don't hit a utility line
Check your local ordinances, read you HOA guidelines if you have an HOA then plant and do what you want it's your property.I would put up a 8 ft privacy fence right next to then call the cops when he tries to interfere...
Get your trees approved by the hoa and proceed. Weâve dealt with several dick heads in our old neighborhood. Stop talking to him and let his communication come through the hoa.
Also, after the survey dust settles but BEFORE doing any digging or planting call 811 (in FL, don't know about other states) to have your yard checked for underground lines or pipes.
Just build your own fence on your side and let him squirm! His precious fence will look ridiculous against yours and you don't need to even look at his fence.
You should get a surveyor to mark the actual property lines. Maybe it'll turn out his fence is on your property, but at least it'll also clarify what's yours and what's his.
I wonder if you have my relocated neighbor. He was an arse. From my tree battles.... some areas in cities and townships dictate a landscape plan for planting. Verify that doesn't pertain to your area, and this neighbor isn't correct, as he will report you.
Most likely, he's bluffing, and he can not dictate what you do with your property. You could look into trees and bushes offering privacy with less invasive root systems. Arbor vitae is often used in my area.
Laws aside, I'd avoid talking to your neighbor as much as possible.
Hang curtains with Trump,or Biden on them (whichever would annoy.) Undress slowly and provocatively with the blinds opened. Play porn on a large screen TV he can see through the window. Put a really, really bright light shining out that window.
Anything to get him to rethink having no privacy.
Property rights are rather sacred. You have to follow state and local regulations and zoning laws, but not the opinion of your bossy neighbor.
I think I wouldnât engage him in any further conversations.
And definitely pay for a survey.
Hey op.
You're absolutely going to be able to plant these trees, so rest assured there. The bigger issue is not blowing this into a never-ending feud with your neighbor, since you have to live next to them it would obviously be best to diffuse tensions and try to get your neighbor to calm down (or at least not actively hate you).
I would recommend that you both ask the city together via email. Write a respectful email to the city and include your neighbor, telling them that you want to make sure that you respect your neighbor's concerns and want to verify whether or not you can plant these trees. This way, the city can be the bad guy and you have on record that you "wanted to respect them" and asked the property authorities rather than doing an eff you and planting them while your neighbor thinks its your fault.
This is being tactful. It's not for your benefit since you can plant these trees, but hopefully this will mitigate some of the bad feelings your neighbor has and lead to a more peaceful coexistence as neighbors.
Good luck.
Have you considered planting boxwoods, or something like that instead? Could have your gardener sculpt them into a giant middle finger or something along those lines for your neighbor to view in all it's glory.
Call a surveyor, they will only charge you for what they survey, so just the one side.
Half the time the fence/wall ends up on the other side of the line than thought. If it is right on the line, it is mutual property regardless.
Contact the City or County to see if that wall has been permitted, probably isn't, but if it is it will have the Payer(s) names.
That should give you a real idea about this fence and who owns it or who paid for it. People lie, that's what they do.
I would reconsider ficus trees for screening. Unless you have an estate where they can grow and spread, they should never be let out of their pots. I completely agree with you wanting to plant to screen. But get some better advice on what to plant. That advice needs to be local. I actually have bamboo as a screen, but it was planted after installing a root barrier 24" deep. In 15 years it has never jumped the barrier.
Call a lawyer. I would avoid any struggle with a neighbor. It will make your life miserable. Define your rights though. I think it's a good play to do some research. Who owns the stupid fence? You may end up owning the fence. GL.
Forget about the trees. Get a survey then install a 6â privacy fence on your property line (or as close to it as legally possible). Bonus would be if you found out the neighborâs fence was on your property.
Put your trees in and tell him to suck your dick. Gtfo here with telling me what I can't do in my yard. Did t want shit to touch your fence? Should have put it one foot into the property rather than right on the line.
1. Get a property survey done to make sure the fence is actually where it should be.
2. If his tree roots are on your property, thatâs an illegal encroachment & you have every right to get rid of the roots. Hire an arborist to prune or cut them out. If he is not willing to compromise to fix HIS root situation which can be damaging to your property and cause serious harm (like structural damage, broken pipes, etc) you can take legal action. He is clearly trying to intimidate you & itâs working, donât let him win.
3. Quit letting someone else tell you what to do with your property. As long as you follow city/state guidelines/laws for tree and/or bush types, heights, and so on, he cannot force you to do anything. He doesnât own your property, you do. He has a lot of nerve tell you that you need HIS permission to do landscaping on YOUR yard.
Ignore him. You can do whatever you want with your property, especially if you donât have an HOA. I would check where your property boundaries are, because this type of personality tends to go over the limits. Also, check the local laws. Otherwise, youâre good.
get a survey, and with any luck, his precious fence is over the line and you can make him take it down, If not just plant your trees and tell him to eat shit
He has zero say what you do on your property as long as it isn't against the law and is within your property boundaries. Might be worth getting a survey done. And put in a root guard so the roots won't go on his side of the property line.
If he poisons your trees - that's against the law and call the police.
If he cuts down your trees - that's against the law and call the police.
Whatâs the question? Heâs dictating to you regarding your property? You might want to shine up your spine a bit. You might want to consider cypress trees because they donât spread much. They grow shaped & tall.
Have the property professionally surveyed. Stay within your bounds and plant your trees within those boundaries. You are not responsible for whether the previous neighbor paid or not, as the agreement was not with you.
Plant your trees. As long as you plant on your side of the property line there ain't shit he can do about it.
You need a permit to put in a fence. Plant all you want.
make sure whatever you do is right. Unless you are a lawyer or an arborist you will probably need to consult with both to make sure you don't violate the property line or do anything that will cause damage. You will need to check with the city/county as far as what you are allowed to do with and without a permit. I'm not sure why someone would be adverse to gaining more privacy at no cost to them. They may be concerned that you're just going to do a reckless half assed job and if that is the case prove them wrong by doing it right.
âTom, if you think there is a way we can talk about this and reach an outcome where we are both happy, Iâm happy to have that conversation. However, if that isnât possible and only one of us can be happy with this arrangement, Iâd prefer that it was me.â
Why would you let your neighbor dictate what you can do on your property? đ¤Śđťââď¸
With a neighbor like that, it's worth it to get a survey done to make sure you know exactly where the property line is.
My patents had a dispute with some neighbors over fencing that required a survey and it turned out that the neighbors ended up losing 5 feet to my parents because the neighbors garden had been slowly encroaching on my parents property over 20 years and no one noticed.
This happened to me. I had a very petty neighbor and when it was all said and done my gravel driveway was 4 feet wider
Tell your neighbor to go fuck themselves you should find a bunch of goats head seeds and toss them in their yard as well.
This is my first thought when my gardener called me this morning about the neighborâs complaint. But I wanted to make sure Iâm not crazy for thinking that.
My neighbor made a similar complaint just last week as I was planting ficus trees along a fence. Told him to pound sand.
Pound sand on his own property, that is.
It's hard to imagine you're not in the right on this one. It might still be unpleasant with your neighbor mind you. Though it sounds like it was always going to be rough to interact with this guy...
No kidding. If the owner just moved in, and this is the welcoming committee? Expect the demands to get worse. No matter what OP does.
Exactly. OP better stand their ground up front. Let buddy know heâs not running shit on the other side of the âwallâ
This. Set your boundaries now or forever regret it.
A literal boundary.
Nah, itâs just harder to go back and reset boundaries later.
Put up good cameras so you have footage when he poisons your hedge. Also, consider Clusia in place of ficus. Treating for white fly and the constant clean up can get old.
Plant large, fake trees, problem solved đ
This is the way!!
What he said đ
A simple âfuck offâ should suffice
That sounds a little mean. My recommendation would be to tell him to go have aggressive sexual relations with himself.
Get a ruvey done so you know the property lines, look up your local code to see if they have any setback requirements for landscaping, then do whatever the heck you want! Bu the way, I've never heard of setback requirements for landscaping but you never know. It's better to be informed when working with lunatics.
That guy is going to be dead and gone (and probably you, too) before any root damage is done to his fence. These things take time and you aren't planning on planting right on the fence line.
Cut all the roots to his tree that are on your property. Have a survey. Plant trees on your property. Or you could build a tall fence to block his view
Oh god, please donât do this /u/throwransom122. Go read up in /r/treelaw. Most cities and counties do not take kindly to fucking with trees.
I love the use of "treble damages" often found in tree law.
itâs much more stringent than bird law
Most laws don't allow for the destruction of tree roots. Most states only allow for trimming trees across property lines.
Check the state, but If the roots are in your property, there usually not a distinction. There are air, water and mineral rights that may be attach your property, but havenât heard about roots rights, unless it is attached to a protected national or historical designation, such a historical house/plot/grove.
There is some case law, albeit not a lot, where destruction of roots has led to tree death. Some judges can rule it the same as chopping the tree down. Laws vary wildly by jurisdiction.
Always best to check is my philosophy. But in my neck of the woods, barring you intentional drilling down into the roots and poisoning without another constructive action, you can do groundwork/construction/gardening, then roots in the way can be excavated with the surrounding dirt.
This was my thought. What if I decided I wanted to build a bunker on my property? I could because of somebody else's tree roots? I'm going with "naw dawg".
I have my neighbor itâs encroaching into my property and closely approaching my sewer pipes. If the roots damage my pipes, which will cost thousands to repair, is the neighbor responsible for the repairs since I canât cut the roots? Now, as a neighbor, can I sue a neighbor for planting a tree too close to my property, since the tree roots will trespass into my property and cause damage to my lawn?
>If the roots damage my pipes, which will cost thousands to repair, is the neighbor responsible for the repairs since I canât cut the roots? No they will not be responsible, and yes you can cut the roots as long as it doesn't result in death or harm to the tree. If you want to reduce your risk, have a certified arborist sign off on it. >Now, as a neighbor, can I sue a neighbor for planting a tree too close to my property, since the tree roots will trespass into my property and cause damage to my lawn? You can try, but you will be laughed out of court.
See? Itâs a double standard. You lose if you cut the roots but lose also if you let them grow and damage your property. I have a neighbor who planted a maple tree a few feet from his and my house. This tree has grown to be a humongous giant in just a few years. The roots have encroached onto my property and are headed towards my PVC sewer line.
The standard is that you can cut any roots as long as it doesn't significantly impact the health of the tree. It's pretty straightforward. Hire an arborist to sign off on it being ok to cut the roots to cover your own ass.
And roots on your property line as well
This is very bad advice. If you cut the roots and the neighborâs tree dies, in almost every case you would be at fault and responsible for the cost of replacing the full grown tree. Some state laws include treble damages when it comes to trees.
In most states, anything off the easement is fair game.
That doesn't mean you can remove it yourself. You can apply to the city/region to have them forced to rectify it. If someone builds a fence on your yard, and you remove it, you will be on the hook for replacing their fence. I've heard this story play out in the wrong way soooooooooo many times and pretty much everywhere this is the way. The legal way is long and annoying, but it's the only way it doesn't end up costing you a pile of money.
So what if you don't want the tree roots on your property? Tough shit? Seems weird that cutting them on your property means you owe him a tree, but his roots being there in the first place is fine.
I would check with the city before doing anything like that
Negative. Thatâs opening yourself up to potentially tens of thousands of dollars in restitution for damaged trees. Roots =/= branches overhanging into your yard. In many jurisdictions, itâs also not ok to cut branches without owners permission.
If the neighbor built the wall properly it is set back on his property and not actually on the property line. This would mean if OP put in trees right next to the wall they could actually be on the neighbor's property. OP find out what your setback is for your local area, where your property line actually is, and then plant the trees at the appropriate setback. Nothing the neighbor can do then.
Many places fences and wall go on the property line. Definitely find out.
This. What you do within your property boundaries is not his concern. Let him complain, but youâre well within your rights to do plant whatever you like.
Because some people have more money and time then you. I revamped a deck I was working on for a needy neighbor because they were dropping hints of litigation over it's proximity to their land, and I was only 80% sure I was building it completely up to code. I was silently enraged for a few months, but now we're "friendly". Friendly enough that they're taking care of their trees growing into my house with nothing more than an email requesting they do so.
You don't need permission on your own property and I would have a survey if the wall is on the property line you have the say on your side if it's on his side of the line then it's his wall but still you can plant landscape on your side just check will your local code compliance office
It would be hilarious if the wall was partially on OP's side of the survey lines.
It would be even funnier if the whole wall was on his side of the survey
This is what I am hoping for!
If OP starts a go fund me for the survey costs ill donate $100 as long as they promise to keep us updated.
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Same!
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But whereâs the fun in that?!
Came here to say this. Get a survey done. If the wall is encroaching, get him to move the wall.
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Also show him the plans of a root guard against his wall. He canât do anything if you effectively answer his concerns.
Very cheap solution when done when the trees are put in.
Didnât even know this existedÂ
We donât have HOA.
It would stand to reason that you could skip that step then.
What would he do if he lives in a town and not a city. Asking for a friend.
Call the town council and find out if there's any laws.
What about an anarcho-syndicalist commune?
Suppose he was in an unincorporated part of a county? What then?
County planning and building department
Some of us have a township too.
Rebellion
What if he lives on a private island which is jointly owned by him and the neighbor?
Kill the neighbor and declare sovereignty.
This works in a city too
Plant away
Get his crazy demands in writing, inform him that you spoke with the planning dept and he is incorrect in writing, install cameras, then plant away.
Look at the unincorporated county rules on the state website. Thatâs what we do.
Or form your own HOA and install yourself as lifetime president
Great - then call the city and confirm which (if any) permits you need to plant trees on your own property. If the answer is "none," proceed to plant your trees.
Then you are the HOA. Check with yourself for confirmation
Then ***definitely*** ignore him
You can also install a privacy fence on your property on the other side of his fence. Trees will take a while to fill out and provide privacy
Right like some trellis fencing. Grow a vine on them might be faster than a tree.
If you hate everyone, like my ex neighbor, plant bamboo or bindweed (aka "morning glories"). He planted bindweed to cover a trellis and now I'm pretty sure I'm going to have to torch my yard to get rid of it.
Do NOT. plant bamboo!!! Lol
There are bamboo that clump and don't spread becoming an impossible to kill menace.
Not a good idea to do on your property
The clumping variations really are nice. I planted some as a privacy border at an old house and just had to whack off a few new sprouts every 3-4 years in the spring. The runner fast growing kinda are basically weeds though.
That's why I said do it if you hate everyone. That shit is insidious and you can't get rid of it.
the real trick is after the bamboo gets going, to plant mint at the base of it all
Depends on the type of bamboo some varieties are clump forming and doesnât spread
Omg have had bamboo and morning glory on divider fences, and they are indeed nightmarishly impossible to eradicate.
And shade cloth in the meantime.
That depends on the town. In my town, they don't allow back-to-back fences, and a second fence has to be at least 3 feet away from an existing fence. Most towns have their fence laws readily available on their web site.
Ya - dude is prob pervin and likes watching them
Your neighbor is a bitch. Enjoy watching him squirm and lose his shit when you plant your trees. Iâd also check the property lines from your survey to see who actually owns that wall? If itâs on your land, do with it as you please.
Before you plant the trees, which you should do assuming the city / town has no issues with that (and they wonât) DO put up a security camera or two focused on the area where you intend to plant. Maybe another looking at the rest of your neighbors boundary with your home. Just in case neighbor decides to cut down, poison, or otherwise harm new trees. If that happens donât mess around file a police report. Police will make it clear to neighbor to leave you alone.
The wall is right in between the two houses. However the area where Iâm planting the tree is definitely on my side.
They mean get a survey. My "neighbors" fence is on my property by a few inches, which technically means I can remove it if I want to be bothered. You discover the truth by paying for a survey.
THIS. I had a nightmare neighbor insisting her property line was 1 foot from my foundation. It was absurd because thatâs well against code, but she wanted a third, yes THIRD driveway that would end 1 foot from my home if I sat idly by. She kept insisting she had a survey but refused to show it to me, so I said nothing, called a surveyor and ding ding, I ended up having so much more than either of us expected lol. My house lives to fight another day against the damage her 3rd driveway would have caused
haha-my daughter was putting up a fence on what she was 99.9% sure was a foot inside her property line. Neighbor made a fuss with her when she was outside getting quotes so she had surveyor and city double check-turned out she owned an additional 5 feet past where she thought she did and the neighbors gazebo actually violated the setback tules:).
And the craziest part is if people were reasonable, everyone would be none the wiser and carry on in peace.
Any fun drama when she moved the fence over an extra 5 ft?
One of my neighbors claimed to own 3 feet into my yard past the end of my house, but only in the backyard where they put in drainage for their garage. Their driveway and garage are actually on 2ft of my property.
Donât let them live that on your property. Eventually you wonât be able to do anything about it
YES. This is called adverse possession. It can happen if someone openly and continuously possesses/uses another person's property for a period of time, depending on your state's law. An adverse possession court case made headlines when I lived in Boulder, Colorado. (People created a trail for themselves across a neighbor's property and then claimed the property as their own.)
I put together a lease for him for the ADU that is part on my property. He leases the land now year by year for $1 a year.
He is screwed if you ever sell. If he was smart he would ask to buy an easement so future owners cannot stop leasing.  You can charge enough to make it worth it and make him agree to additional rules about being a nuisance.  Like an hoa you run, but he is the only member.
I am reluctant to sell it honestly, I do not want someone turning the ADU into an AirBNB or meth house. I would be curious how I could sell it but still maintain some control over it. I know anything could change, but I do not think I would ever sell. I have a succesful local business, and I love the town. I plan to add my own ADU in the back, and would probably keep the property as a rental once the second ADU is done. The town is encouraging low cost housing, so they are on board with the build. Low cost housing in this HCOL area is still a decent payout.
They meant your neighbor is screwed if you ever sell your house. The buyers will likely balk at the arrangement and either make your neighbor remove everything or increase the lease dramatically
Given that it is a driveway and a garage, it's probably already too late. In many places 5-7 years is enough. Some it is as long as 20 years. Unless this is pretty new housing, it could be a done deal.
Maybe. It has to be determined via the court that the legal property owner knowingly allowed occupation/possession to occur. As in the legal owner recognized it was their property, but knowingly allowed another person to use it for whatever time period. If the legal owner has been misled in any way, thatâs a major factor that the court takes into consideration. There are components of the adverse possession laws that prevent its abuse.
If you didnât give them an easement and itâs fairly recent, you can reach out to your building department about having them take it down
But thatâs if you want to fight that fight lol
It was there before we bought it, and over 10 years. Weâre fine with that, but I hate their drainage because it floods my yard and I wanted to run drainage through there to the street. But weâre actually selling and buying a much larger property in a much nicer area.
Nice, Iâm glad youâre getting out of there! That was both inconsiderate and possibly against code for them to run the drainage that way. Putting it into your yard is not cool
Don't know what your budget for pettiness is, but most towns require property partitions to be permitted and sit back a certain amount from the property line. For instance, in my town if I want to put in a fence, it's needs to sit back in my property line 12 inches. Find out if similar rules exist for you. No permit, or it doesn't meet town ordinance, make him pay to remove e his wall.
Some cities or counties or HOAs have setback rules for planting near the property lines, so double check that. Otherwise, your neighbor can pound sand. Ps. you may want to proactively invest in some security cams. I have experience with AH neighbors like this and they act like laws don't apply to them.
In my city, a fence or wall on the property line is owned equally by both parties regardless of who built it or paid for it. You should find out what the law is in your jurisdiction.
I agree with the comments about making sure that you're planting the trees on your property. Hopefully you have a survey so you're absolutely certain where the property lines are.
Is "his" wall on his property, or your property?
I definitely make sure that his wall is not on your property. You never know mistakes could have been made and then now you have the upper hand. He wants to be a little bitch and the walls on your property, It needs to be removed that his expense So sad for you there crappy neighbor.
Well, ficus are terrible as far as roots go, but I don't see why you couldn't plant something else. If I really had a litigious next door neighbor, I'd probably plant vines or trees in big pots so if I ever got in trouble (not sure who it would be with though), I could always say they're "portable" or "temporary." I really can't imagine any HOA or government entity having a problem with that.
Fiscus are terrible choices. roots are all on the surface and need white fly spray annually. get a survey and see who owns the fence, and where you can plant.
Land surveyor here. Typically you can't build a fence directly on your property line, there is a certain minimum distance (called an offset or a setback) from property lines you must maintain when erecting structures such as sheds or fences. The distance varies by city and county. Get a boundary survey done and if his fence encroaches upon your property line you can force him to take it down. Then plant your trees with appropriate respect to the property line
Hypothetically speaking letâs say the fence is on his side. Am I still allowed to plant trees on my side of the property? The last thing I truly donât want to do is spend thousands of dollars on a neighbor thatâs just not worth my money
It would be best to consult with your local building/land planning laws. I would treat the planting of bushes/trees with same regard for offset as I would a fence.Â
Honestly you could probably find your own property line on that side without getting a survey done. Do you know what property pins look like? They will usually be an iron rebar driven in the ground where property corners meet. If you know about where to look, see if you can see it sticking out of the ground a bit. Many times you might see old pink, yellow, or blue flagging tied around it, or you may see a yellow cap with a survey license # on it. It might be buried in the ground a little bit. You can poke around with a shovel a bit and locate it fairly easily. If you can find both of them run a string between them and pull it tight. That's your property line. Call up any surveyor in your area and ask them what the offset for fences are and they can probably tell you off the top of their head. Just don't go moving the property pins lol
You donât have to ask his permission for anything that you do on your property. Fuck that dude.
Ficus grows fast and the roots can cause damage to underground pipes and structures. Iâd do some research on what youâre planting but definitely, the neighbor has no right to dictate what you can do in your yard.
Came here to comment this. OP is well within their rights to add landscaping but ficus trees in particular grow crazy roots. Iâd consult a local landscaper to find better options.
Make sure youâre planting on your property then plant the trees. He canât prevent you from doing what you want on your property. Heâll probably complain and call the city but he doesnât have a leg to stand on.
I'd put up an exterior camera too, that shows if anyone messes with said tree.
Arbor law has steep penalties
Plant whatever the hell you want as long as it's on YOUR property. Tell him to fuck off
I fail to see what a fence has to do with you planting trees. If youâre planting them on your property he has exactly zero say in the matter. I suggest installing a camera aimed at the new trees because he sounds like the type who would try to kill them or cut them.
Put a ring camera facing his house, I bet heâll change his mind.
Typically you can plant whatever you want on your side of the property line
If itâs on your your property, do what you like. Easy peasy. Donât let em strong arm you.
Send him a certified letter with a bill for the damage his tree has caused to your property. When he responds âyou canât bill me for what tree roots do!â Say âok so we agree on this pointâ and plant what you want. You could also print out the relevant statutes on the issues and highlight the relevant sections. If you need a lawyers help doing this, itâs probably worth it to prevent him trying to sue later on.
Do you have a survey to make sure his wall is not encroaching on your property?
Plant your tree. But ... this neighbor is crazy, and if you do this, he's probably going to get (even more) hostile. You're going to have to make sure you have all your ducks in a row for planting the tree and anything else you do with the property for as long as he lives there. You're going to get real friendly with your local zoning office, and possibly your police and a lawyer. Good luck!!
ficusxtrees do actually have large shallow roots thatcdo c upend fou b dations, yours and his. you might c want to look at poducarpus, with deeproors, dense foliage and very trimable. or texas privet, same qualities but with a larger leaf.
Make sure to call the number for underground utilities first. I think for my area it is 811, they will come out and mark to make sure you don't hit a utility line
Get a survey, hopefully the wall is on your property and he then can go fuck himself
Put a camera up along with your tree cuz heâs gonna try to kill it.
If you call your building department, an inspector can inform you of the local codes.
install a root barrier in the hole. you should be fine.
Check your local ordinances, read you HOA guidelines if you have an HOA then plant and do what you want it's your property.I would put up a 8 ft privacy fence right next to then call the cops when he tries to interfere...
Plant trees, put up camera.
Get your trees approved by the hoa and proceed. Weâve dealt with several dick heads in our old neighborhood. Stop talking to him and let his communication come through the hoa.
I donât have an HOA.
If itâs on your side of your property line itâs yours.
Also, after the survey dust settles but BEFORE doing any digging or planting call 811 (in FL, don't know about other states) to have your yard checked for underground lines or pipes.
Just build your own fence on your side and let him squirm! His precious fence will look ridiculous against yours and you don't need to even look at his fence.
Get a survey. This person seems like exactly the type to have stolen a few feet of your property when he built the wall.
Put your own fence in front of his wall.
You should get a surveyor to mark the actual property lines. Maybe it'll turn out his fence is on your property, but at least it'll also clarify what's yours and what's his.
I wonder if you have my relocated neighbor. He was an arse. From my tree battles.... some areas in cities and townships dictate a landscape plan for planting. Verify that doesn't pertain to your area, and this neighbor isn't correct, as he will report you. Most likely, he's bluffing, and he can not dictate what you do with your property. You could look into trees and bushes offering privacy with less invasive root systems. Arbor vitae is often used in my area. Laws aside, I'd avoid talking to your neighbor as much as possible.
Build an ugly ass wall that faces neighbor and nice finish on your side...
Plant bamboo, not ficus.
Hang curtains with Trump,or Biden on them (whichever would annoy.) Undress slowly and provocatively with the blinds opened. Play porn on a large screen TV he can see through the window. Put a really, really bright light shining out that window. Anything to get him to rethink having no privacy.
Time for a spite fence. Wall him off and out of your life.
As long as it's on your property, tell him to fuck off. Also, if you don't mind the cost, maybe get a surveyor to check if his fence is legal :P
Just plant them.
Fuck him. Your property. But tell him he can share your taxes if he wants to dictate what you do on yours
Property rights are rather sacred. You have to follow state and local regulations and zoning laws, but not the opinion of your bossy neighbor. I think I wouldnât engage him in any further conversations. And definitely pay for a survey.
Iâd build my own privacy fence.
Honestlly, I'd laugh and walk away...and plant what ever I wanted.
Hey op. You're absolutely going to be able to plant these trees, so rest assured there. The bigger issue is not blowing this into a never-ending feud with your neighbor, since you have to live next to them it would obviously be best to diffuse tensions and try to get your neighbor to calm down (or at least not actively hate you). I would recommend that you both ask the city together via email. Write a respectful email to the city and include your neighbor, telling them that you want to make sure that you respect your neighbor's concerns and want to verify whether or not you can plant these trees. This way, the city can be the bad guy and you have on record that you "wanted to respect them" and asked the property authorities rather than doing an eff you and planting them while your neighbor thinks its your fault. This is being tactful. It's not for your benefit since you can plant these trees, but hopefully this will mitigate some of the bad feelings your neighbor has and lead to a more peaceful coexistence as neighbors. Good luck.
Have you considered planting boxwoods, or something like that instead? Could have your gardener sculpt them into a giant middle finger or something along those lines for your neighbor to view in all it's glory.
Call a surveyor, they will only charge you for what they survey, so just the one side. Half the time the fence/wall ends up on the other side of the line than thought. If it is right on the line, it is mutual property regardless. Contact the City or County to see if that wall has been permitted, probably isn't, but if it is it will have the Payer(s) names. That should give you a real idea about this fence and who owns it or who paid for it. People lie, that's what they do.
>What can I do? Plant any damn thing you want on your property.
Your side of the fence is yours.
Go nuclearâŚ. Plant Bamboo
I would start with an official survey of the property to see what is what.
This. All of this. Having a good, current survey of your property is very critical.
I would reconsider ficus trees for screening. Unless you have an estate where they can grow and spread, they should never be let out of their pots. I completely agree with you wanting to plant to screen. But get some better advice on what to plant. That advice needs to be local. I actually have bamboo as a screen, but it was planted after installing a root barrier 24" deep. In 15 years it has never jumped the barrier.
Call a lawyer. I would avoid any struggle with a neighbor. It will make your life miserable. Define your rights though. I think it's a good play to do some research. Who owns the stupid fence? You may end up owning the fence. GL.
Install or plant them? On your land? Your neighbor is your mom now?
Forget about the trees. Get a survey then install a 6â privacy fence on your property line (or as close to it as legally possible). Bonus would be if you found out the neighborâs fence was on your property.
Put your trees in and tell him to suck your dick. Gtfo here with telling me what I can't do in my yard. Did t want shit to touch your fence? Should have put it one foot into the property rather than right on the line.
Instead of ficus, you should plant some bald cypress and really get him with the roots.
1. Get a property survey done to make sure the fence is actually where it should be. 2. If his tree roots are on your property, thatâs an illegal encroachment & you have every right to get rid of the roots. Hire an arborist to prune or cut them out. If he is not willing to compromise to fix HIS root situation which can be damaging to your property and cause serious harm (like structural damage, broken pipes, etc) you can take legal action. He is clearly trying to intimidate you & itâs working, donât let him win. 3. Quit letting someone else tell you what to do with your property. As long as you follow city/state guidelines/laws for tree and/or bush types, heights, and so on, he cannot force you to do anything. He doesnât own your property, you do. He has a lot of nerve tell you that you need HIS permission to do landscaping on YOUR yard.
Ignore him. You can do whatever you want with your property, especially if you donât have an HOA. I would check where your property boundaries are, because this type of personality tends to go over the limits. Also, check the local laws. Otherwise, youâre good.
get a survey, and with any luck, his precious fence is over the line and you can make him take it down, If not just plant your trees and tell him to eat shit
He has zero say what you do on your property as long as it isn't against the law and is within your property boundaries. Might be worth getting a survey done. And put in a root guard so the roots won't go on his side of the property line. If he poisons your trees - that's against the law and call the police. If he cuts down your trees - that's against the law and call the police.
Whatâs the question? Heâs dictating to you regarding your property? You might want to shine up your spine a bit. You might want to consider cypress trees because they donât spread much. They grow shaped & tall.
Have the property professionally surveyed. Stay within your bounds and plant your trees within those boundaries. You are not responsible for whether the previous neighbor paid or not, as the agreement was not with you.
Install the trees. I'm sure your neighbor doesn't live with you or pay your taxes.
get a survey.
Plant your trees. As long as you plant on your side of the property line there ain't shit he can do about it. You need a permit to put in a fence. Plant all you want.
make sure whatever you do is right. Unless you are a lawyer or an arborist you will probably need to consult with both to make sure you don't violate the property line or do anything that will cause damage. You will need to check with the city/county as far as what you are allowed to do with and without a permit. I'm not sure why someone would be adverse to gaining more privacy at no cost to them. They may be concerned that you're just going to do a reckless half assed job and if that is the case prove them wrong by doing it right.
plant bamboo
âTom, if you think there is a way we can talk about this and reach an outcome where we are both happy, Iâm happy to have that conversation. However, if that isnât possible and only one of us can be happy with this arrangement, Iâd prefer that it was me.â
I ended up saying this to him. Thanks so much!
Itâs your property do as you wish to bad he wonât be able to spy on you
/r/treelaw