Neighbor Chopped Down Hedges on Property Line

My question involves real estate located in the State of: New York. According to the survey, the thin line of grass separating our two properties actually belong to both of us. This new neighbor cut down my beloved hedges that I have been taken care of for years w/o my permission. Do I have a case against him? And if I don't, can I tear down his fence on the same line we share if I don't like it?

According to the survey, as laid out on the ground by your surveyor, where were your hedges in relation to it?

Where is his fence in relation the survey as marked on the ground?

According to the survey, from the front of my house, end to end is 60Ft. The hedges were exactly on the 60ft line which separates my property from my neighbor's property. I have to assume that this thin line litterally belongs to both of us. The hedges were on a strip of property about a foot in length. The hedges separated our properties from the front all the way to the backyard. My neighbor asked if he could cut the hedges down. I said no. He cut them down anyway.

I am assuming that this is an urban situation and the hedge was not a part of a livestock or animal enclosure. I'm also assuming that here are no local fence ordinances which would have applied to your hedge or the new fence built by the neighbor.

If the hedges were actually on the property line (which itself has no width) the neighbor would generally have the right to remove that portion which were on his side of the property line with the stipulation that nothing could be done which might affect the viability of the portion of the hedge remaining on your side of the line. But of course the destruction was complete.

In the absence of applicable ordinances, you need to look to common law remedies. I am not finding much case law on hedges for New York. But there are certainly potential issues of waste and trespass which should be investigated. It is not so much a question of you having been damaged by the neighbor's action, but about the best way to be made whole.

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can I tear down his fence on the same line we share if I don't like it?

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That might start what we call the "yo-yo" cycle among hostile neighbors regarding a fence. No, I wouldn't recommend that. What I recommend is that you see an attorney about your options in the matter. Seeing an attorney does not mean that you are going to court. Sometimes a letter from an attorney is all that it takes. In the meantime you might be thinking about what your desired outcome of this situation would be and what would be acceptable to you.

Put up some new hedges on your side of the property line. Why would you want to make your life with your neighbor a nightmare.

One more thing: People are beloved, hedges are just hedges.:friendly_wink:

I agree with Antigone, hedges can be bought for much cheaper than a lawyer and that does not even include the stress of constant wars with your neighbor.

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One more thing: People are beloved, hedges are just hedges.

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Antigone, I don't think that the OP is interested in following the example of your dealings with the bully Creon. Many interesting examples of Greek mythology provide stories of interest, even today, but declaring man-made law invalid and then killing yourself over it is a stark approach. I think that the OP is looking for a different result.

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I agree with Antigone, hedges can be bought for much cheaper than a lawyer and that does not even include the stress of constant wars with your neighbor.

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Actually, legal advice and letters can be had in the same price range as hedges, and bullies always come back for more and more until they are stopped. I think that the OP already senses that through the egregious destruction of her property. She is under no obligation to anyone to give in to a bully. Kumbaya.

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Quoting LandSurveyor

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Antigone, I don't think that the OP is interested in following the example of your dealings with the bully Creon. Many interesting examples of Greek mythology provide stories of interest, even today, but declaring man-made law invalid and then killing yourself over it is a stark approach. I think that the OP is looking for a different result.


Actually, legal advice and letters can be had in the same price range as hedges, and bullies always come back for more and more until they are stopped. I think that the OP already senses that through the egregious destruction of her property. She is under no obligation to anyone to give in to a bully. Kumbaya.

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Hello LS, have you been drinking funsuckers without me??? Where in Haedes did i even imply that man-made law was invalid??? I gave the OP solid advice, not everything has to be solved by getting lawyers involved, sometimes just a little common sense and creativity will do the trick. Now if the neighbor chops down the hedges that are clearly on the OP's property, that is a horse of a different color. Kumbaya back at ya.

Hi Antigone-

On this forum, my nick is "Landsurveyor" and I will stand by it. Your nick is "Antigone" and you should stand by it or explain to the readers that you either don't know who Antigone was or don't care as was just a neat name you picked out somewhere. Some of us have spent time studying the classics, and some of us might have assumed that someone who chose the name Antigone did so for a reason of affinity, just as I picked my name. If it's mistaken identity, I understand, but you might want to rethink your identity, as you have to live with it here.

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not everything has to be solved by getting lawyers involved

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Not a statement from anyone who is familiar with my posts.

You have failed to see that the OP is likely the victim of a bully. You are very lucky that you have apparently not had to deal with a bully before. The OP was asked about the removal of the hedge on the property line, she refused, and it was torn out anyway. I am particularly upset when it is a woman who has the law on her side and then is victimized and bullied in spite of her protest. It's up to her to forgive and forget but if that was not in her mind she would not have come here to be abused by you for her lack of "creativity". She chooses to not be a victim. Do you get that?

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Quoting LandSurveyor

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Hi Antigone-

On this forum, my nick is "Landsurveyor" and I will stand by it. Your nick is "Antigone" and you should stand by it or explain to the readers that you either don't know who Antigone was or don't care as was just a neat name you picked out somewhere. Some of us have spent time studying the classics, and some of us might have assumed that someone who chose the name Antigone did so for a reason of affinity, just as I picked my name. If it's mistaken identity, I understand, but you might want to rethink your identity, as you have to live with it here.



Not a statement from anyone who is familiar with my posts.

You have failed to see that the OP is likely the victim of a bully. You are very lucky that you have apparently not had to deal with a bully before. The OP was asked about the removal of the hedge on the property line, she refused, and it was torn out anyway. I am particularly upset when it is a woman who has the law on her side and then is victimized and bullied in spite of her protest. It's up to her to forgive and forget but if that was not in her mind she would not have come here to be abused by you for her lack of "creativity". She chooses to not be a victim. Do you get that?

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Now who is being a bit bullish. I owe you and the readers of this forum no explanation for my EL identity.

I don't care to gain any familiarity with you or your posts. We have differing points of view, neither more or less valid than the other.

I was not abusive to the OP in any way, shape or form. I gave her options, do you get that?

Tigi out :cool: