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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I own a house in Savannah, GA. I keep my lawn cut and neat.

Customer Question

I own a house in Savannah, GA. I keep my lawn cut and neat. However, I do not have the time to kee it in pristine condition however I keep it looking nice. I do have some dollar weed in the yard and they grow along my fence connected to my neighbors yard. Today she complained that she had the grass redone and that now my dollar weeds are spreading into her lawn and asked me to fix it on my side so they would stop spreading to hers. Can she legally do anything about this? Am I at fault?
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you're allowing weeds on your property to grow across the fence onto your neighbor's property, you're technically trespassing. You have an obligation to use and enjoy your property in a manner that doesn't interfere with your neighbor's use and enjoyment of her property (if you had a tree with branches growing across the property line, it would be the same thing). Her recourse is to remove the weeds that have crossed onto her side of the fence, but she could theoretically sue you for the cost of having a gardener remove the weeds and restoring her property to its original condition.

Note that she has to prove you caused the weeds. Weeds grow. They're a nuisance. You're not automatically responsible for weeds growing on both sides of a fence unless you're causing them to grow on her side. She'd need to establish that she never had the weeds until they started growing along your fence.

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