The hedge in their back yard has grown to nearly 10 feet tall and it is blocking our view through all the yards down the street. Couldn't that be considered an eyesore? If I am able to sue them, what kind of damages could I ask for? We do have some wire fencing up near their hedge. Only honest answers please. Thanks.
2006-10-17 15:50:34 · 23 answers · asked by Anonymous in Society & Culture ➔ Etiquette
We do not live in the city limits (for those of you who are suggesting checking on city codes).
2006-10-17 15:55:05 · update #1
i would try if i were you, ya hear about people winning lawsuits like that all the time. they could be breaking some old ordinance you don't even know exsists!
2006-10-17 15:52:38 · answer #1 · answered by jess l 5 · 0⤊ 2⤋
I don't see what grounds you would sue them. Why do you want to see into everyone's yard down your street?
Check the zoning (even outside of city has zoning codes) for your area, and see if there are any height restrictions on fences or hedges. Do they have a pool or hot tub?
Also, ensure the hedges are on their side of the property line, if they aren't you have every right to cut them back, or dig 'em up and put up a toothpick fence if that's what you want. You could offer to "share" costs of having the hedges professionally groomed since you share the view of them.
I would suggest that you really think long and hard whether this hedge is really an eyesore, or whether the issue really does need to be addressed. Pick your battles. The 10 ft hedges didn't just get there last week...why are they a problem now? If you just moved in, suck it up - you knew they were there when you bought the place.
2006-10-18 15:43:00 · answer #2 · answered by firehorsetwo 3 · 1⤊ 0⤋
Probably not, unless you can argue that they are blocking most of your sunlight or flow of air. Ask a lawyer in your state.
You could trim the parts of the hedge that is protruding beyond the property line into you yard.
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...Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
To be a nuisance, the level of interference must rise above the merely aesthetic. For example, if your neighbor paints their house purple, it may offend you, but it does not rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
...Under the common law, the only remedy for a nuisance was the payment of damages. However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction....
2006-10-18 00:04:21 · answer #3 · answered by Randy G 7 · 1⤊ 0⤋
That is a matter of city or county codes (more likely to be found in a city than in unincorporated areas.) I think probably they can do it, if it is under 10 feet, but no sense us guessing. Call your county commissioner and ask what the rules are.
But since you asked this in the etiquette section, I will say, it isn't polite to sue without asking politely first if they would consider trimming the hedge.
2006-10-17 23:00:08 · answer #4 · answered by C_Bar 7 · 1⤊ 0⤋
Hedges are used for privacy just like a wall or fence is. It cannot be construed as an eyesore in my opinion. It is not harming your or your propery so what are you suing for? What if there was a huge boulder or tree of somekind that was there for years, as I'm sure this hedge must of been. Or perhaps a shed, or cabana, pool house, guest house etc in that same spot. Would it still be considered an obstruction to your view enough to have it torn down? Get real............Your convenience is not a priority so much as it is a childish retaliation to your own wishes........
2006-10-17 22:59:50 · answer #5 · answered by silhouette 6 · 1⤊ 1⤋
Go ahead, you'll just waste money. Its on their property not yours and its probaly there so they can't see down the street. If it were hanging over your property or the towns then it might be different. If you don't like it move. 10 foot tall hedges don't grow there overnight. Why'd you buy the house? Or did you think you could force them to cut them? neighbors like you are the reason there are 10 foot tall hedges.
2006-10-19 01:18:44 · answer #6 · answered by tootsie 5 · 0⤊ 0⤋
Couldn't you just talk to them first? Ask them nicely to trim back their hedges. Any lawyer that would take this case is just after your money, because there is no case. You could also contact your local government and inquire about city or county Codes protecting you from such.
2006-10-17 22:59:19 · answer #7 · answered by Rita 4 · 2⤊ 0⤋
well do check the city rules, and the homeowners rules, you can sue but you won't win, you have to suffer damages and a lousy view is not good enough. You can try to ask him to trim the hedges or offer to pay to have someone do it.
2006-10-18 04:15:10 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I don't think you have a basis for a suit. You first need to check with your city codes and see if they are in violation of any of them. Have you talked to them at all? If talking to them doesn't do the trick, call your city office. If you sue them, they could sue you right back for bringing up a frivolous lawsuit.
2006-10-17 22:53:38 · answer #9 · answered by Purdey EP 7 · 0⤊ 1⤋
This is just another one of America's problems...your willing to sue your neighbor for something they havent done. It hasnt hurt anything or any one, yet your willing to hurt someone else just for your own personal gain. If its that bad of an eyesore, you shoudlnt get any money for it, it should be removed. If you sue them, i hope they break your windows, and light your lawn on fire.
2006-10-17 23:47:12 · answer #10 · answered by questiontheanswers 1 · 1⤊ 0⤋
that's just stupid and immature. SUeing someone for the height of their hedge. GET A LIFE WHY DONTCHA!!!!! how about you move to a different house. You can't sue someone for the height of the hedge even if you don't like it. If I was your lawyer or that judge I would laugh in your face and tell you to get out of my office or courtroom. But if you want to complain H.O.A. (home owners associate) of your neighborhood is who you would taLK to. not a city inspector. what a retard?!?!?!?
2006-10-17 22:55:39 · answer #11 · answered by Anonymous · 1⤊ 1⤋