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It's a landscape issue. I live in a condo next to a park…

It's a landscape issue...

It's a landscape issue. I live in a condo next to a park that is owned by the town, and there is a gate separating the park and our property. Workers for the town removed two shrubs that were growing on the gate, but they were growing and planted from our side of the gate. I'm really upset because I loved those shrubs and they came over to our property to remove them. Do i have any recourse?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not yet. I just called the town's park dept and complained but haven't filed any paperwork or wrote any letters yet.

Lawyer's Assistant: Where is the condo located?

Ocean City, md

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything at the moment.

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Answered in 2 minutes by:
3/28/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You can sue the city for trespass and property damage. They had a right to trim back the part of the shrub that grew over the property line onto their property (from their side). But that doesn't give them a right to enter your land and take out shrubs belonging to you. They're liable for the cost of purchasing and installing the same shrubs you had, to put you back in the position you would have been in if this hadn't happened.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 3 months ago
Thanks for your response. It's good to know i have recourse. I was also wondering if I can still sue if the condo's property is community owned (owned by me and other owners); and also if the shrubs grew by nature and a person did not actually plant them.
Also, would i file a small claim against the town or do I specify a department within the town like the parks dept

You'd sue the Department that took the shrubs out.

As long as the shrubs were located on your land and not common areas of the condo, you can bring the lawsuit yourself. You're not suing for the theft of the shrubs themselves, but for entering your property without permission and reducing the value by taking the shrubs out.

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Customer reply replied 3 months ago
Thank you. that clarifies a lot. But I'm still wondering.... Unfortunately, the shrubs were on common area of the condo grounds not my personal property that I own by myself. Can I still file suit or on behalf of my condo? Would i need permission and agreement with the rest of the condo association before filing suit on their or "our" behalf?

In that case, you'd unfortunately need the HOA to file the suit. Only the board is authorized to bring a lawsuit on behalf of the association.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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