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My neighbor cut the boundary hedge between our property. I know that this is my hedge because after Hurricane Wilma I was told they are mine and that I would have to replace them, which I did. He asked me to cut them about three months back. I tried to reply politely that I like my privacy. Anyway yesterday they cut them down to the fence line eliminating any privacy at all. Is there anything I can do to stop this from happening in the future and to get my hedges and privacy restored?
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The obvious answer is that with neighbors it is best generally to exhaust amicable options. However, it appears that we’re down the rabbit hole a bit on that one. So, what can you do? From a non-court perspective, you can voice your frustration and either replace your hedges in defiance or live without hedges. If you’re set on restitution, you’re probably looking a small claims court for the price of replacing the hedges. If replacement costs over $5,000, then you’re in County Court. Basically, you’ll need to prove the hedges were on your property and were your property and that the neighbor cut them (there’s some legal theories that can give you some room here, but essentially you need to prove they did it). In a mix of the two, you might start with hiring a lawyer to fire off a solid cease and desist letter – that could do the trick. If you would choose to litigate, you might find hiring a lawyer helpful so you can distance yourself from any anger or emotion that lawsuits can provoke. Particularly with neighbors, these disputes can get a little heated if not managed properly.
Answered on Mar 20th, 2014 at 1:55 PM