Legal Question in Real Estate Law in Tennessee

My neighbor refuses to cut her bushes and they have grown approximately ten feet on my property and covered up my fence and my gate in the back. I can not drive through the gate that permits access to my back yard due to the bushes have now blocked my gate leading to the back yard. I asked if she could trim them and she stated to me for me to trim them because she did not plant them and they were on her property when she purchased the property and it would be to expensive for her to have them cut back.

I called her and left a message on her answering machine and she called back and told me when she bought the property the bushes had already been planted and she would not trim them. I do not care of the height factor of the bushes they are approximately 15 feet high but the plumage has grown into my property not allowing me to cut my lawn properly and to have access to my back yard through my gate.

I have asked her about 1 time a year to have them cut back off my property and she continues to refuse to maintain her bushes. They have grown over the last ten years without any maintenance to the bushes.

The bushes are approximately 100 feet long and cover both my front and back yard.

We live in the county and we do not live within the city limits.

I live in Tennessee, Wilson County.


Asked on 8/09/10, 3:45 pm

1 Answer from Attorneys
Caitlin Moon C2Law

In Tennessee, your neighbor is responsible for any damage to your property as a result of vegetation that grows on her property. It doesn't matter if she planted the vegetation or not. If she owns the property, she owns the bushes and she is legally obligated to maintain them so that they do not damage your property.

The relevant legal case in Tennessee: Lane v. Curry, (Tennessee Supreme Court, 2002)

You can view the case here: http://caselaw.findlaw.com/tn-supreme-court/1258188.html

You have two options:

(1) You can have the bushes trimmed yourself. Your neighbor is responsible for the cost of this. If she refused to pay, then you can take her to court and ask for a judgment against her for this expense.

(2) You can take your neighbor to court and ask for a judgment - either ordering her to trim the bushes so that you can resume use of your property, or for a money judgment in the amount it would cost to have trimming work accomplished.

Hope this information helps. Best of luck!

Read more
Answered on 8/19/10, 8:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Tennessee