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DrakeLAW
DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 623
Experience:  Attorney at Drake Law Firm PLC
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My neighbor is threatening to "take us to court" because of

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my neighbor is threatening to "take us to court" because of vines that grow on my fence. She cuts them even when they are not on her property and destroys my garden. Granted some grow on her side but easily pulled up. She reached across my fence last year and cut within my garden one foot the full 120' length of my fence!!! Destroyed my garden last year. We put up an 8' fence and now she is cutting some of the things on the other side of the fence that grow through the cracks and are beautiful. Her yard is brown, barren (she cut 14 large trees) and ugly. Mine is completely landscaped and gardened!). Can she take us to court for something so petty?????
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 9 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Someone can always file a lawsuit, even over something petty, but it does not mean they will win the lawsuit. Also, if there was no justifiable reason for bringing a lawsuit, the person can be sanctioned in some instances. But generally, for these sorts of things, you cannot be successfully sued unless your plants cause actual damage to her property. It is not enough that it just grows to her side and she cuts them. You cannot be successfully sued for that. She is allowed to cut any foliage that goes on to her property though.

It is technically a trespass if she reaches over into your yard and cuts your trees, but you would have the same problem as far as taking her to court for that. You would have to sustain actual damages to do that and her cutting foliage is likely not sufficient damages for doing so. If she destroyed a whole garden and you can prove it, that might be worth taking her to court over but it sounds like quite a hassle. I think you are best to rely on using the police.

Sounds like a very frustrating problem, good luck.

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich

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