Law regarding planting on property line.

   / Law regarding planting on property line. #1  

John White

Gold Member
Joined
Dec 7, 2006
Messages
430
Location
Newark, Oh
Tractor
Kubota B3030
I am sure it has been discussed on here before but just couldn't find the link. We bought a lot that had been split 10 years ago from next door neighbor. We planted flowering shrubs 4" on our property. (sort of a barrier to catch the trash that blew on our yard from him) No objection from the owner. When it came time to mow he said I could mow on his side a swath the width of the mower as he didn't want to mow around them, in fact he said I could mow his whole yare as he rarely mowed. Last year he abandoned his property and it came up for sheriff sale. I showed new owner where pins were and his comment was, "I see you are a claim jumper, mowing over on my property". I explained the situation. Nothing else was said and I haven't talked to him since and he posted a "no trespassing" sign on the property line. Heard he was going to make us move them. Mowing season is here and I intend to stay on my property. He hasn't mowed yet so I don't know if he will mow around them. I guess, legally I cant even trim on the back side. There are trees on the back of the lot and branches hang over on our property.. And I see no reason to make this a issue to him. Can he make us move the shrubs?.
 
   / Law regarding planting on property line. #3  
If they are on your property, no.

He can do whatever he wants to with vegetation on his property.

Including trimming any branches that are over the property line.

-R
 
   / Law regarding planting on property line. #4  
As I understand it, just imagine an invisible wall right at the property line. Anything that pokes into your side of the wall you can trim it, to as far high or as far low as you want. So if a tree root, branch, etc. comes into your side you can cut it. If the tree happen to die, it's not your problem. Since the shrubs in on your side, he cannot make you move them but he can trim any branches that come over or spade any roots at the property line.
 
   / Law regarding planting on property line. #5  
Rule of thumb, if it's on the property line, then you share with the neighbor. Like others said, on the neighbors side, they can do what they want with it. On your side, you can do what you want. Taking it down is a shared decision with both parties.

Neighbor planted a couple apple trees 1 foot from the property line. I make sure and thank them for the apples that I pick off from my side of the fence :D Usually will send them an apple pie or cobbler as well. And as far as trimming branches back on it if they are in the way of mowing. I make sure and do it the proper time of year when they are dormant so we don't lose in fruit. And actually, I usually just go over and spray the trees while I'm treating mine :D

But we also have a good relationship with our neighbors and since they are retired with bad knees, and other health problems. so if the lawn needs mowing, large limbs come down, or some other project outside needs doing, then I'm over there helping them ;)
 
   / Law regarding planting on property line. #6  
Rule of thumb, if it's on the property line, then you share with the neighbor. Like others said, on the neighbors side, they can do what they want with it. On your side, you can do what you want. Taking it down is a shared decision with both parties.

Neighbor planted a couple apple trees 1 foot from the property line. I make sure and thank them for the apples that I pick off from my side of the fence :D Usually will send them an apple pie or cobbler as well. And as far as trimming branches back on it if they are in the way of mowing. I make sure and do it the proper time of year when they are dormant so we don't lose in fruit. And actually, I usually just go over and spray the trees while I'm treating mine :D

But we also have a good relationship with our neighbors and since they are retired with bad knees, and other health problems. so if the lawn needs mowing, large limbs come down, or some other project outside needs doing, then I'm over there helping them ;)


AS IT SHOULD BE !!!!!!!
 
   / Law regarding planting on property line. #7  
"claim jumper"?...right out the gate he says that?...sounds like a lovely guy...
 
   / Law regarding planting on property line. #8  
I thank God that I have good neighbors!!

-R
 
   / Law regarding planting on property line. #9  
I learned the hard way. I planted a row of pines down a property line thinking it would be a natural fence. Neighbor put a fence in 5 years later and they were all cut down by the installer. More than half were inside the line but inches in. I did not complain, I should have planted them at least a foot inside my line.
 
   / Law regarding planting on property line. #10  
... We planted flowering shrubs 4" on our property. (sort of a barrier to catch the trash that blew on our yard from him) No objection from the owner. ...

So did you plant 4 feet or 4 inches from the property line?

I don't think he can make you move the plants but if they are 4 inches from the property line then there can always be a dispute on the exact location of the line and 4 inches is not much. My understanding for my area is that he would be able to trim the shrubs to the property line. Trimming the plants to the property line with the plants 4 inches from the line is going to look odd and may not be healthy for the shrubs.

If the shrubs are four feet from the line that makes things a bit better.

It is a moot point now but you might have been able to claim the property since you were maintaining it with a adverse possession claim which is not easy to do but possible. This is what the neighbor is worried about. Not a good sign that he jumped to that conclusion and started a property line peeing contest when he just moved in. Sad.

Good Luck,
Dan
 
 
Top