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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37044
Experience:  Texas Attorney for 30 years dealing in real estate
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If 25% or more of a overgrown hedge is over the property line

Customer Question

If 25% or more of a overgrown hedge is over the property line and killing the plants & grass on my property & the roots of the bushes are preventing the grass from growing do I have the right to cut the hedge back so when it re generatesitself it will be off the property line.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.Can you tell me what state is involved here?
Customer: replied 1 year ago.
Georgia
Expert:  Ray replied 1 year ago.
Give me a minute to research, thanks..
Expert:  Ray replied 1 year ago.
Here you are allowed to trim to the boundary line.If you trimmed further here it is likely ok but the law only references trimming to the boundary. I understand this is frustrating for you and I don't think t his will be an issue but in the future you are going to have to stop at the boundary.Anything further is considered trespass unless the neighbor consents to it.I am just trying to keep you out of trouble here.I doubt this is going to be a problem from what you did arguably it was damaging your property and keeping the grass from going. If you cannot get consent here in the future trim to the boundary and legally the neighbor has no complaints. Reference..http://www.thepeterscompany.com/wp-content/uploads/2011/11/Tree-Liability.pdf This is the same here in Georgia for trees, shrubs , anything growing over the fence line. I appreciate the chance to help you today and for your patience.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Thanks again for letting me help you today.
If you can leave a positive rating it is always much appreciated.
Let me know if you have more follow up, it is never a problem.
Expert:  Ray replied 1 year ago.
I wanted to add I saw the additional information here, you may try to mediate this with the HOA or otherwise resolve it.You raise good points about it killing your grass.You can sue for the cost of resodding since his shrubs caused your grass to die.Get an estimate of the cost here and send demand letter.Small claims is an option here too.
Magistrate( small claims) forms if you want to seek damages from the shrubs here.
http://www.georgiacourts.org/councils/magistrate/forms.html
Thanks again.

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