Growing Plants Close to Neighbors Fence

[Zigner]

Moving a garden a foot or two isn't as tough as putting in a new garden. It's just a matter of clearing another 1-2 feet on the other edge of the garden.

I hear what you're saying about the possibility that it will make the neighbor more demanding, but the OP and his family can cross that bridge when they get to it

[adjusterjack]

From what I know of you for many years, I doubt you would acquiesce.

Having had my own lunatic neighbors for 11 years way back when, I wouldn't have (and didn't) put a garden close to the fence.

As for other nonsense, depends on the nonsense. I also subscribe to the "pick one's battles" philosophy though, as you observe, I would not be a doormat.

[llworking]

Having had my own lunatic neighbors for 11 years way back when, I wouldn't have (and didn't) put a garden close to the fence.

As for other nonsense, depends on the nonsense. I also subscribe to the "pick one's battles" philosophy though, as you observe, I would not be a doormat.

I understand you subscribing to the "pick one's battles" philosophy but unfortunately, my experience has been that every win you give a bully just makes them worse. Now, picking your battles with people of authority (your parents, your teachers, your boss at work etc.) is a strong philosophy of mine.

[Zigner]

I understand you subscribing to the "pick one's battles" philosophy but unfortunately, my experience has been that every win you give a bully just makes them worse. Now, picking your battles with people of authority (your parents, your teachers, your boss at work etc.) is a strong philosophy of mine.

You have almost no information from which it can be discerned that the other party in the OP's dispute is a "bully". The OP's post is (understandbly) one-sided.

[jumanji]

Seems to me that, in the interest of maintaining neighborly relations, talking to the neighbors is the way to go. I would likely tell them that you didn't realize that it would bother them, but would ask that the garden can remain in place until the end on the growing season (I don't know when it ends in FL wrt what is planted) - for the kids' sake - and you will then move it.

We all share space and should therefore try to work with one another as possible. Anecdotally, many of my neighbors are Orthodox Jews. I try to be a good neighbor and not do heavy/loud yard work on Saturday. I also try to be a good neighbor (to ALL of my neighbors) by not allowing my dogs to bark incessantly. Especially in the morning. Two of three know - the other is learning. Treat others as you'd like to be treated. It really is that simple.

[sinspider]

You are right and I have no stubbornness in moving it. Unfortunately, we installed the garden few months ago and now the roots are deep. Moving the garden now means destroying the plants.

To more specifically answer your questions:

1) if (as you wrote) there is no local regulation or HOA requirement prohibiting planting a garden near a neighbor's fence, then, yes, you are allowed to do it.

2) your neighbor would probably have a difficult argument claiming damages for discoloration insofar as that is the sort of thing that will happen to white fences generally without any wrongdoing by anyone else. This is particularly true where your actions (placing the garden near the fence) were probably lawful (see answer to Q1), and it is not likely that you undertook those actions with any intent that the result would be discoloration of the neighbor's fence. When a matter goes to court, it is always possible to get a screwy result, but it seems unlikely that a court would find you legally responsible for discoloration of the fence in these circumstances.

3) No, your neighbor would not have any legal right to damage your plants or your chicken cage even if the neighbor honestly believed the plants or the cage (or both) might end up adversely affecting his fence. His lawful option in those circumstances is to wait until the damage actually occurs and then bring appropriate legal action against you to recover for his losses and, perhaps, require you to relocate the garden. Whether he would win such a case is unclear (see answer to Q2).

Also -- if the neighbor did pre-emptively damage your property, you would have a civil claim against him to recover the value of the loss. The neighbor's action probably would also constitute a criminal offense, although under the circumstances the police may choose to not get involved. Still, calling them again should it happen again might help send your neighbor a useful message even if the cops decide to only issue a warning (as opposed to, say, arresting the guy or issuing a citation).

4) "Is he 'trespassing' by reaching our property from over the fence?" Possibly. The relevant Florida statutes are found in Title 46 (Crimes), section 810 (Burglary and Trespass). You'd particularly want to look at sections 810.08 and 810.09, and the definitions in section 810.011, and any published Florida court cases interpreting and applying those statutes.
The text of the statutes can be accessed from (among several other places), here:

www DOT flsenate DOT gov/Laws/Statutes/2019/Chapter810

Thank you very much for the information. Appreciated.

You could always move your garden.

You are right and I have no stubbornness in moving it. Unfortunately, we installed the garden few months ago and now the roots are deep. Moving the garden now means destroying the plants.

Seems to me that, in the interest of maintaining neighborly relations, talking to the neighbors is the way to go. I would likely tell them that you didn't realize that it would bother them, but would ask that the garden can remain in place until the end on the growing season (I don't know when it ends in FL wrt what is planted) - for the kids' sake - and you will then move it.

We all share space and should therefore try to work with one another as possible. Anecdotally, many of my neighbors are Orthodox Jews. I try to be a good neighbor and not do heavy/loud yard work on Saturday. I also try to be a good neighbor (to ALL of my neighbors) by not allowing my dogs to bark incessantly. Especially in the morning. Two of three know - the other is learning. Treat others as you'd like to be treated. It really is that simple.

The vegetable plants were first planted near our fence as we wanted to use the fence as support for the wire cage. But recently, our fence was removed and their white fence has been installed. In hindsight, if we knew it would be such a fuss, we would have planted the garden a few feet inside. We have tried to talk to them face-to-face and over text messages. But they are aggressive, filthy mouthed and racist (I am a black immigrant). They have used racist abuse a couple of times. I do not want my children to be exposed to this vitriol. Honestly, we found it impossible to talk to them in a calm and grown-up manner.

We have compromised on several issues in the past especially because they are a retired couple in their 60s. But now it feels like they take it for granted.

[budwad]

Well being the nice neighbor doesn't seemed to have worked very well. Take control of your property or lose control of it. You think about that every time you pay your mortgage or taxes .

[llworking]

You are right and I have no stubbornness in moving it. Unfortunately, we installed the garden few months ago and now the roots are deep. Moving the garden now means destroying the plants.



Thank you very much for the information. Appreciated.



You are right and I have no stubbornness in moving it. Unfortunately, we installed the garden few months ago and now the roots are deep. Moving the garden now means destroying the plants.



The vegetable plants were first planted near our fence as we wanted to use the fence as support for the wire cage. But recently, our fence was removed and their white fence has been installed. In hindsight, if we knew it would be such a fuss, we would have planted the garden a few feet inside. We have tried to talk to them face-to-face and over text messages. But they are aggressive, filthy mouthed and racist (I am a black immigrant). They have used racist abuse a couple of times. I do not want my children to be exposed to this vitriol. Honestly, we found it impossible to talk to them in a calm and grown-up manner.

We have compromised on several issues in the past especially because they are a retired couple in their 60s. But now it feels like they take it for granted.

It may actually be time then to put your foot down and get a restraining order if they disturb your property again. Of course, something that I would be tempted to do is to put up another fence, right up on the edge of your garden, and just the length of the garden, and just a bit higher than his fence, so that he cannot possibly reach over and tear out any more plants.