Can I sue my neighbor for land encroachment for their rose bush vines which they refuse to keep trim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my neighbor for land encroachment for their rose bush vines which they refuse to keep trim?
My neighbor has a rose bush with limbs that come through and over their gate
and cover my garage steps if not trimmed. I began having my landscaper trim the
vines that came through the fence. However, twice now my landscaper has contacted me stating that he was yelled at and basically harassed by tenants over at the
home. They are a couple who live there with their children and the husband’s mother but the property is owned by the wife’s mother, who doesn’t live there.
I contacted the police and they told me to have my landscaper call 911 next
time- I dont want it to even get to that. I tried contacting the husband to
discuss this and was hung up on. This same neighbor told me personally that my
homes previous owner tried to kill the bush and even that one of my tenants
asked him to trim the vines.
This isnt the first time someone working for me has been harassed. In 2011 a
contractor told me that he walked out on this same neighbor the husband
yelling at one of his staff members in an aggressive way, but when he
confronted him the neighbor backed down and stated that he was just telling the
worker not to stack the bags of dirt too high next to his garage.
Id like to file a lawsuit for trespassing, as this isnt the first grievance
Ive had with this home. I feel as though they cannot be guilted or reasoned
with, which has prompted me to explore legal options. I began taking
pictures/video of the bushs intrusion since the last incident. Do I have
grounds to sue?
Asked on September 25, 2016 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You *could* bring an action in chancery court (a division or part of the regular county (not city) court) for a court order requiring your neighbor to keep the bushes on is side, but be aware that such lawsuits, seeking a court order, not just monetary compensation, are procedurally more complex and you would very likely need an attorney, increasing your cost.
Or you could sue simply sue the neighbor for the cost to trim his bushes (you can aggregate the last several trimming costs), such as in small claims court, which is procedurally much simpler. If he has to pay your costs, maybe he will get the idea.
But yes...if he intereferes with your contractors, landscapppers, workers, etc. you should at that time call the police.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.