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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Post Damage to Plants on "My" Side of the Neighbors' Fence

    My question involves real estate located in the State of: Florida.
    My neighbors had the property surveyed and erected an 8ft privacy fence about 2 years ago, placed at or on the property line between their home and ours. They removed an old chain link fence of 15+ years and dug out most of an unwanted Bouganvilla (fast growing vining plant with BIG thorns) that was on "their" side of the old fence. Both our families have agreed that this is a nuisance plant. Neighbor wife and I have spoken several times about the beauty and desirability of the Jasmine vines that grow on the side of my home, and on "my" side of their fence.

    Long story-short, recently someone came on my side of the fence and crudely cut the Jasmine and slow-growing English Ivey growing on my property as well as on the fence. When asked, their "Yard Guy" said he had NOT cut the plants. I am angry about my long tended Ivey and Jasmine being weed-whacked and plan to talk with my neighbors about the destruction in a civil manner, if possible. I would like to know the law and custom of fences before I address them.

    QUESTION: Do the owners of a fence have the right to come onto private property to cut Ornamental Plants or vegetation growing ONTO their fence that is NOT planted on their property?


    I appreciate any insight or experience you may have in this matter, Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    20,750

    Default Re: Damage to Plants on "My" Side of the Neighbors' Fence

    No, they do not have the right to come onto your property to do anything without your permission. So, when you can prove who did come onto your property, you call the police and report the trespass.

    in the same vein though: you have no right to allow your plants to grow onto his fence. Especially if this is a wooden fence, vines can cause considerable damage to the fence. Would you want the neighbors plants damaging your fence?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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