How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33796
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My neighbor is threatening to let his 3 foot hedges frow to

This answer was rated:

My neighbor is threatening to let his 3 foot hedges frow to mazimum height and block our view. Can he do that? CT resident
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Do you have a scenic view easement that you purchased from the neighbor?
.
Is there any type of local scenic view ordinance that limits the height of bushes?
.
.
Thanks
Barrister
Customer: replied 3 years ago.

I don't have a purchased easement and don't know if an ordinace exists, The bushes have been there at this height for 80 years. My husband has maintained them for 18 years, This neighbor is new last 4 years.

Unfortunately, if you don't have a scenic view easement and the bushes are on the neighbor's property, then there would be nothing to prevent him from letting them grow if there is no local ordinance that limits their height. In order to be able to protect your view, you have to have a legal right to do so.
.

I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice

 

Customer: replied 3 years ago.

Does it matter that hedges straddle the property line?

It would mean that they are shared bushes and you could trim any part of the bush that crosses over the vertical plane onto your property, but you legally couldn't trim the part on neighbor's property as that would be considered a trespass to property and would give him the right to sue you for punitive and compensatory damages.
.
If the bushes were to somehow mysteriously die, if the neighbor wanted new ones, he would have to plant them on his side of the property line.
.
About the only thing I think you could try is to sue the neighbor and claim that this is a pseudo "spite fence" because its only purpose is to obstruct your view. This is covered under CT Statutes 52-480 and 52-570 and if proven would allow you to ask for an injunction to prevent him from letting them grow and to force him to keep them trimmed.
.
52-480. Injunction against malicious erection of structure provides that an injunction may be granted against the malicious erection, by or with the consent of an owner, lessee or person entitled to the possession of land, of any structure upon it, intended to annoy and injure any owner or lessee of adjacent land in respect to his use or disposition of the same.
.

And Sec. 52-570. Action for malicious erection of structure states that an action may be maintained by the proprietor of any land against the owner or lessee of land adjacent, who maliciously erects any structure thereon, with intent to annoy or injure the plaintiff in his use or disposition of his land.

.
.
Thanks
Barrister
Barrister and 7 other Real Estate Law Specialists are ready to help you