My wife and I have lived in our home for over 25 years. About 20 years
ago we planted a hedge of what are called photenia bushes along what
we believed to be our property line. Inadvertantly we had planted 5
bushes slightly on to our neighbors property none to exceed 18". Chem
Lawn, a professional lawn and shrub service, had been treating these
bushes for the 20 years we've had them and I would trim them every
other year. Despite Chem Lawns best efforts the photenia eventually
became diseased as all bushes of this type eventually do in our area
and I intended to replace them with a bush called "ligustrum". When I
went to cut them down, my neighbor approached me and told me not to
cut them down because they were on his property, and said he would
call the police if I touched them. Believing they were on my property
and because I had planted and cared for them for over 20 years I
thought he was crazy, so I said a few choice words to him (not my
style) and proceeded to cut them down. The police never showed up, but
afterwards I decided to order a survey and sent my neighbor a letter
to that affect and apologized for my actions towards him. Since then,
I've offered to replace the 5 diseased photenia as I originally
planned on doing anyway, but he's not satisfied with that and has
demanded more or he would take me to court. Bottomline is, this guy
was just waiting for an opportunity to entrap me and it appears he may
have, but others I've talked to are not so sure. What do you think I
should do, or how do you see something like this playing out in the
court?

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Request for Question Clarification by joey-ga on 15 Jan 2005 11:15 PST

Hi there.  Can I get some more information from you?

1. What state and city/county are you in (state is important, but
city/county may be useful)?

2. How long has your neighbor lived there, and at the time had he been
aware that you have been treating and trimming the bushes for years?

3. You say a row and then refer to five bushes on his property.  Were
there only five bushes in total, all of which were on his property, or
were there many more than five, most of which were on your property
with a few over the line in his yard?

--Joey

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Clarification of Question by rooky2riches-ga on 16 Jan 2005 05:02 PST

Hi Joey,

I live in Va. Beach, Virginia. My neighbor has lived in his house for
over 5 years, and the 5 bushes in question were part of a hedge line
that consisted of many bushes. I'm sure he was aware of the fact that
I've had them treated and maintained since his arrival, but I doubt he
would admit to that.

I actually have two other questions that I would like you to address.
First, you said that I should replace the bushes, but on my property
line. That would be fine with me, but he's acting like they were his
bushes and he would want them to be replaced on his property? The
second question is that my wife would like to have an attractive
privacy fence, natural wood and lattice 8' tall, like that is
installed on another property line in lieu of the bushes. In that
case, would you suggest that I do anything at all to appease this,
your words and I'm in full agreement, "jerk"?

PS.  Your first response was worth the $25 I paid, and I would like to
pay some additional for your follow up answers. Not quite sure how to
do it though? Thanks again.

Replace the plants as you intended - on your property.  Do not talk to
this guy.  He did not call the police - and he more than likely will
not take you to court.  And if he did, so what?  The best he could get
would be replacement cost on the dying plants.  The judge would just
laugh at him.

He is a jerk and by you trying to "make it right" just plays into his
game.  And it is a game - don't play.

Hi, I read your clarification, having been married for many, many
years I have decided that when the wife asks for something - I get it
- the quicker the better!  :)

Your wife has asked for a new fence.  Well, I suggest building the new
fence - ugly side out.  Out toward the jerks house.  And on your
property.  And the side facing the neighbor the uglier the better.

I had a fence installed in my backyard, at my wife's request, and my
nieghbor bitched about it, the ugly side was facing his house.  I
suggested to him, when he was willing to come up with some $$$ he
could complain.  Needless to say I saw no $$$$ and I heard no
complaining.

I would suggest building the fence inside of your property line, that
way you would control both sides of the fence the pretty side and the
ugly side - if you get my drift.... Payback is a bitch!!  Good luck
with the jerk.

One of the things that makes the USA a great country is the fact that
regular citizens have access to courts.  The most this guy would be
entitled to would be the replacement value of the shrubs that were
cut.  If you cared for them for 20 years, it may be that in your
jurisdiction a lawyer could explain adverse possession rules.  Judges
are generally pretty smart about what's goping on in a case and your
neighbors oppotunistic baloney won't get very far.  Unfortunately,
there seem to be a large number of his type out there.  Instead of
feeling hostile towards him, let him be a reminder of how miserable a
life can be and be grateful that yours is different.  Then smile and
wave!

Actually, on the fence idea....sounds great but in many, if not most,
areas you could be in a worse pickle. Many codes require the ugly side
to be facing your own property....check your codes!