Q: My next-door neighbor has been pressuring me to trim my hedge to match his landscaping, but I haven’t wanted to. A couple of weeks ago, I came home and found that he had trimmed the hedge himself, the way he wanted it. I was furious, and he essentially told me that he was going to do it anyway and that I should deal with it. What are my rights, and what can I do about this? — Mary
A: Disputes between neighbors arise for many reasons, and landscaping disagreements are a common one. Whether it’s a hedge, a tree, or a fence, property boundaries and shared spaces often lead to tension.
While the rules may vary depending on your location, there are general guidelines for handling situations like this.
First, stay calm and avoid escalating the conflict. While it’s understandable to be upset, confrontations can make matters worse. Instead, focus on understanding your rights and properly addressing the issue.
In most cases, property owners have the right to control what happens to the landscaping on their side of the property line. If the hedge is entirely on your property, your neighbor likely overstepped their legal boundaries by trimming it without your permission.
Start by documenting the situation. Take clear photos of the hedge, including its current state and any evidence of trimming. If you have older photos showing what the hedge looked like before, those can be helpful as well.
Write down the details of your interaction with your neighbor, including what they said and when the trimming occurred. Keeping a record of everything in case you need to pursue legal action or file a complaint.
Next, review your local laws and ordinances, as well as your community association rules if you live within an HOA.
You may also want to check your property survey or deed to confirm the hedge is entirely on your land. If the hedge straddles the property line, the situation may be more complicated, as shared landscaping often requires mutual agreement for changes.
Now that you have gathered the necessary information, it is time to act.
Start by contacting your local government or homeowner’s association to see if they can help.
If that doesn’t work, consult an attorney to discuss filing a lawsuit. You may be entitled to seek compensation for the trespass and damages, which would cover the cost of restoring the hedge to its original condition. Keep in mind that lawsuits can be expensive and sometimes last for years, taking on a life of their own.
Gary M. Singer, a Florida attorney and board-certified as an expert in real estate law by the Florida Bar, wrote this for the South Florida Sun Sentinel. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
