My privacy Bush in my garden was killed by a neighbor. Can I sue him?

by Qui18984056
Hi. I'm in New York. My neighbor cut a main root of my bush that was on my property. The bush is now leaning forward and dying. Can I sue him for monetary damages?
  15 answers
  • Sandy Sandy on Jun 10, 2018

    Not worth it. Get a new plant and make friends instead of enemies.

  • Lynn Goins Lynn Goins on Jun 10, 2018

    Maybe you should show him what his cutting did and offer to replace it. If not, I'm with Sandy.

  • Mindshift Mindshift on Jun 10, 2018

    I can't tell anything from your photo. Was there some reason the neighbor needed to dig in that area? Was your bush on the property line? If you want legal advice call a lawyer.

  • Stephen Hughes Stephen Hughes on Jun 11, 2018

    I’m curious what have you done to try to save this plant and make healthy what is there to grow back more ? it seems that it would be odd for the neighbor to willingly heal up privacy hedge between someone you don’t like you would think you would want to keep the privacy hedge taker maybe your neighbor is unaware that they get to your plant . so I take it could you considering legal action you have spoken with your neighbor you have brought this to their attention that they have damaged your plant that you agreed to getting agree what was their response what was their reason they feel the plant died ? And why on earth would you ever want to waste your energy in a court room possibly paying for attorneys when you can go out to a nursery and enjoy yourself and get some new plants and commune with nature and put them back in the ground ? Plants are reasonably fair priced , even order online .I love planting plants, I can’t stop doing it . most of mine I don’t even pay for, I clip off my other plants or trade with other gardeners . Or I buy distressed plants cheap . I love watching them grow, I love taking care of them . these things are positive these things bring joy to my life . You have an opportunity here to To make something new and beautiful have fun do it . I’m sorry your plans got damaged , it sucks . And if your neighbor did do it on purpose just to be mean , that’s really bad too and unfortunate. Take your anger and your disappointment and turned it into a fun project that you get to do and you’re going to get to watch it grow .

  • Nalani Haruo Nalani Haruo on Jun 11, 2018

    Weigh your costs. talking to your neighbor and replacing the plant is a lot cheaper and less of a headache than suing him. Besides, you may need your neighbor’s help one day in a serious situation but don’t expect it with a lawsuit hanging over his head. Kindness, forgiveness and talking it out goes a very long way.

  • Jeanette S Jeanette S on Jun 11, 2018

    Of course you can sue him. You can sue anyone over anything at any time...but do you want the bother, the fuss and possibility of a counter suit?

    Property line planting can be a big headache. Move back 2 feet...leaving only room to mow and put up a fence.

  • Den Bur Den Bur on Jun 11, 2018

    join the arbor day society. order the right kind of plants. consider potted plants or tree. neighbor absolutey has the right to cut anything extending into His Yard. your mistake in planting the wrong bushes.

  • Lori Lori on Jun 11, 2018

    There are great plants you can get cheap at the end if the season ...just buy something could have just died on its own....

  • Qui18984056 Qui18984056 on Jun 11, 2018

    I brought my property about 9 years ago. The bush was there when I purchased it. I decided to keep it. The neighbor moved in 3 yrs ago. Started out by overreaching on surrounding neighbors properties. The thing is they don't ask, they just do. I caught them in the act and ran out to tell them I wanted to keep my bush. He said he was just cutting across.

    What I don't understand is that I be in my garden working, why couldn't they just mention it to me?

    I went in the garden yesterday and the wife was out there. She didn't say a word about the bush. No apology.

  • ☘️ TxBella ☘️ TxBella on Jun 11, 2018

    Talk to them. Be firm , let them know you didn’t appreciate them harming your plant. Yes you can sue but do you really want to? Is it necessary to go that route at this time?

    Im with Den Bur join the Arbor Day Society and get some terrific plants and trees. Plant so many more!!! 50 times more!!! Lol

    Good Luck ☘️!

  • Cwh6899259 Cwh6899259 on Jun 11, 2018

    Looks like you had some kind of vine growing on chainlink. Was your plant invading their side of the fence? It is easy to place blame somewhere else, but sometimes we need to just be sensible - suing isn't sensible, especially over something like this.

    If I had a neighbour who was growing a vine on the property line fence and it was creeping into my garden area and I did not like it, I would probably start hacking at it too. Wouldn't you?

    Replace the plant with something that doesn't spread out and climb all over and out of it's area.

  • Penny Penny on Jun 11, 2018

    Sorry about your plant 😞 But why not replace it with another kind of privacy structure so they can't kill it or upset you and can't see into your property , cheaper than a law suit. Besides more beautiful and less stress. There is Heaps of ideas for privacy structures on Pinterest and the internet, make this upetting time into a new lease of life for your back yard 😊 Good luck hope it all works for you.

    Be Positive, it will overcome negative people and things..... 😊😊😊😊😊😊

  • Qui18984056 Qui18984056 on Jun 11, 2018

    Thank you all for your responses. I will not pursue a small claims lawsuit. I'll let it go. I'll just lengthen my fence. Will get something in a pot. At least he moved all those plywoods he had up on my side of the fence and across my garage and removed the plywood he drilled in the back of my garage to make some kind of trellis for his wife's garden. Thanks again.

  • Henhouse Henhouse on Jun 12, 2018

    If you get to that point, yes you can sue them. We did when our neighbor pruned our tree so severely on our side of the fence that it then looked unbalanced and damaged. We won and he had to pay us for the damage. He then refused to pay the court order, so he was visited by a deputy at his work and forced to pay. Take pictures to show the judge in small claims court. We are in California.

    • Qui18984056 Qui18984056 on Jun 13, 2018

      Thank you for your imput. How is your relationship with your neighbor now?

  • Henhouse Henhouse on Jun 13, 2018

    He was friendly to us afterwards but his wife was not. Believe she was the driving force behind the whole thing. They have since moved (about a year later).