Neighbors removed our bamboo
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Neighbors removed our bamboo
We had a large bunch of bamboo that that a neighbor removed without asking.
they removed an area of about 55′ x 23′- between 850-1200 sqft. They said it
was invasive to their backyard and they were under the impression that it was
maybe their property or who knows. We provided them with a copy of our survey
and they seemed surprised. They also have a fence 7 feet over the line on our
property that is being brought down by our ivy.
Can we ask that they pay for trees to replace that swath of bamboo?Can I ask
that they move the fence back? I want to stay agreeable but they seem to be
taking a lot of liberties with our yard.
Please let me know what you think the best plan ahead is.
Thank you
Asked on September 23, 2017 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The following indicates your rights, but bear in mind that if you and your neighbor do not work things voluntarily, you'd have to sue them in court to enforce your rights, incurring the costs of litigation (which cost you have to bear yourself; you cannot recover it from the other side). That said:
1) If their fence is provably on your property, you can force them to move it and restore any landscaping damaged in the process--no one else has the right to build or use your property.
2) You can force them to pay for the cost of replacing the bamboo they destroyed; you cannot force them to pay more than the replacement cost of the bamboo. So if trees would cost more than bamboo, you cannot get trees from them. (You could get the monetary value of the bamboo then supplement that with your own money to "upgrade" to some more expensive foliage.)
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