If a neighbors landscaping turns out to be on our property, can I remove it, the trellis and stepping stones?
August 1st, 2007 by admin
Beej asked:
They moved next door 5 years ago. The property line was not an issue. I recently took down an ailing lilac bush. It was on our side, not theirs. They are furious because they felt it was clearly theirs and we are unneighborly. They had a surveyor come out, the boundary line was established and turns out alot of the landscaping is on our property. Can I have them move their trellis and stepping stones and continue relandscaping the area to my liking?
They moved next door 5 years ago. The property line was not an issue. I recently took down an ailing lilac bush. It was on our side, not theirs. They are furious because they felt it was clearly theirs and we are unneighborly. They had a surveyor come out, the boundary line was established and turns out alot of the landscaping is on our property. Can I have them move their trellis and stepping stones and continue relandscaping the area to my liking?
- Posted in Landscaping
August 4th, 2007 at 9:28 pm
yes, Talk to them about the encroachment , and explain that if you dont say anything ,
it could become a legal issue in the future since they could claim a legal interest in the future if you dont.
August 7th, 2007 at 7:26 pm
yes, its your land and you can do whatever you want with it
August 8th, 2007 at 7:31 am
you can destroy anything you want thats on ur property cause you have legal ownership
August 9th, 2007 at 2:37 pm
Of course. You own it! Just make sure you return the trellis and stepping stones.
August 12th, 2007 at 9:06 am
If it is your property, you don’t have them remove it, you remove it yourself.
As long as both parties were present when the surveyor explained the property lines and everyone is on the same page. If they weren’t there or are not aware of the lines according to the city, I would clarify that first before removing any of the landscaping.
August 15th, 2007 at 3:39 am
hell yeah. i would.
August 16th, 2007 at 3:35 am
yes you can. and good luck.
August 17th, 2007 at 12:46 am
not only can you have it removed, they have to pay for it!!
August 17th, 2007 at 10:45 am
Yes, the property is yours. You can do what you want with it. You won’t make any friends that way, but it is your property. Does their landscaping really bother you or are you still mad about the bush?
August 18th, 2007 at 3:11 pm
If it’s on your property you have every right to have them remove whatever is on it.
August 19th, 2007 at 3:18 pm
Yes, I believe so, but just remember you have to live next to these people and they will become more mad if you do. So it’s up to you, but I sure wouldn’t expect them to move out of anger unless you get lucky.
August 23rd, 2007 at 1:52 am
You definitely can legally, but it would be nice and neighborly to just leave it (especially if it doesn’t look too bad).
You never know when the tables will be turned and you will wish them to be neighborly.
August 25th, 2007 at 4:27 pm
you need to do it legal or they can have you arrested for destruction of privet property
August 28th, 2007 at 5:11 am
i suggest you talk to them about the way it bothers you. it would bug me tooooo. i am pretty sure you are able to remove what ever is in your yard as long as you puit it in theirs or give it to them. i feel bad for you!!!!!!
August 30th, 2007 at 1:11 pm
I guess the question to ask yourself is whether you/your neighbors will be living in his/her/your house for years to come. If their stepping stones and trellis are an eyesore and you’re not impressed with it, by all means you have the right to have them remove it and you can re-landscape.
However, if you both will be living there for years to come, you might want to think about how important that particular area is to you. There might come a time in the future when you would like to build something that might infringe on the property line and they might agree to it if you both can find a way to keep the peace.
September 2nd, 2007 at 3:22 pm
Absolutely! You can remove anything on your side. Even if it’s their lake and the bank on your side is on your property . . . You can catch their fish.
September 3rd, 2007 at 6:34 am
You sure can. Just remember though, they are your neighbors and you have to live next to them for awhile. A smart and prudent person would find a way of making it a win-win situation. In other words don’t be an a$$ to them just because they were. You’re better than than so don’t stoop to their level. I’m not saying the stuff shouldn’t be moved… it’s on your property… just be the bigger person in the process. Being cool about the situation means there is less of a chance of them being jerks a second time and it makes your living situation a whole lot better.
September 6th, 2007 at 11:04 am
Simply, yes. As you said, ask them to remove the trellis and steppingstones from your land. The fact is, though, you do not need to ask them to move them–you can move or discard as you please as it is your land. Since they are unneighborly now, I would not put the trellis and stepping stones on their property or they could throw another fit.
There is “adverse possession” but since they have been there 5 years, they cannot claim adverse possession.
September 8th, 2007 at 2:40 am
tell them to remove it and that you had other plans for that area…
September 9th, 2007 at 4:19 am
Yes, but I would try not to be nasty, you may need their help sometime, try to get along, if nothing why bother with eachother, and leve at that, unless you really want it moved, but talk to them first.
September 12th, 2007 at 10:51 am
Yes, you can.
I would go over and talk to them about the new found property line. Explain that since now you know where the property line is, you see that they have some landscaping on your side of the property. If you don’t want them to use that portion of your property, together you can discuss the removal of their items. If they are not removed, you will consider it a gracious gift.
Of course, you will be as sweet as pie. If you don’t discuss it now and let it linger, it will only be a problem later on. If you tell them in a year or two or even five to get the stuff off, they will wonder why you never said anything before and they could have gained some rights to your property after so long of being allowed to use it. (You’ve got to nip it in the bud as they say.) I’m currently going through the exact same problem with my neighbors. We are installing a fence and gate because of the them now. Irritating but needs to be done as some just can’t keep to their own property.
Best of luck!!
September 13th, 2007 at 2:13 am
Yes you can. However speak to the neighbors first so as to have good relations for future. They are still your neighbors.
September 15th, 2007 at 7:55 pm
Fix Bayonets, Take No prisoners
What is on your property is yours
If they want is back they can only remove it with your permission otherwise it is tresspass and theft
However, if you want a decent relationship with neighbours, talk to them about issues and give them opportunity to rectify matters