What To Do If Your Neighbor's Hedges Are Crossing Over Onto Your Property

Good fences make good neighbors, as the saying goes — and when that fence is a well-maintained hedge, it can provide an attractive property border that's excellent for sound-proofing, privacy, and safety. But a hedge can also be a nuisance if it's left unkempt, especially if it's creeping over your fence from a neighbor's yard or spreading into your lawn or garden. Before you get out your hedge trimmer, though, it's helpful to understand whether you can legally hack away at the vegetation that's encroaching on your property.

Before taking any action, make sure you know for certain whose hedge it is. Many hedges have been there for years — or even generations — and it may be unclear to your neighbor, or to you, who is actually responsible for maintaining it. Where the hedge trunk and stem lies generally determines who owns it. Check your property lines online or by consulting your local county, city planning, or zoning department. Understanding your property line is important because, as attorney Mark Hirsch told Homes and Gardens, "If a hedge grows into your yard, you can usually cut back the branches that hang over to the property line." If you aren't sure and you start trimming away, you might inadvertently encroach on your neighbor's property. And for that, they can sue you for trespass or other damages. If you have a homeowner's association, make sure to read up on any specific rules in place governing maintenance of shared hedges or encroaching vegetation.

After doing your research, your next best step is talking to your neighbor. While this might be uncomfortable, you should consider the fact that your neighbor may have no idea that there's a problem on your side of the fence or hedge — equally, they may not know that they own it. More likely than not, they'll give you the green light to do the necessary trimming, and they may even have important tips on the best timing to trim the hedge to make sure you don't damage it. This is important because, if you end up damaging or killing the hedge by trimming too much, you could be liable for damages. 

If your neighbor is unfriendly or hard to reach, be sure to document any communication you have with them. This is important if things get heated and you end up on the wrong end of an HOA complaint or lawsuit. If you can't contact them easily, send a certified letter laying out what you've found out about the hedge and detailing your plans to trim it. This will help you if there's a dispute down the road. If your neighbor protests your trimming the hedge, it might be time to consult with a local property law or land dispute attorney. Before you take this expensive route, however, look into whether your city or county has a free mediation program for neighbor disputes.