Re: Off-topic--Neighbor and privets

In a message dated 5/10/01 12:39:31 PM Eastern Daylight Time, jyang1@home.com 
writes:

<<     As for a potential lawsuit that would interfere with the sale of the
 house: "He can't just decide to put a lien on your house! He might take
 you to Small-Claims Court, but he'd still have to show that he suffered
 damages. By the time it gets to court, the privets will be back to
 usual. >>

Poor Janet, this man has caused a great deal of trouble in your household.  
He cannot "slap a lien" on your house unless you owe him some money or have 
not paid for a contracted  job.   In those cases, liens are filed without 
your knowledge and are found when a title is searched.  Since you have had no 
dealings with this man that involve money, no lien.

Since you have a difference of opinion and a horticultural statement (Lord 
this is a crazy case)  would surely protect you in a small claims court, you 
do not have an immediate legal problem.  If you have not been to small claims 
court on housing you have a great surprise in store for you plus an great 
waste of your time.  People who lose their cool are put in the hall for the 
proceeding.  I have been there a few times and always wondered why some folks 
have to do it this way.

Lawyers and judges loathe tree and shrub cases.  There are entire books 
written on trees and shrubs on property lines.  There is a famous case in the 
UK that took nearly thirty years to settle.  I think it progressed with the 
man who wanted the hedge planting several lines of hedging several feet 
apart.  When the courts made him take down one line, another was in the 
wings.  Charles Elliot's recent book tells the story more completely.

One more thing.  Housing cases of this type are generally referred to 
mediation in NYS and that would probably be what would happen with yours.  I 
think you do not have a great problem.  I would send a registered letter with 
a hedge tune-up offer and let it go at that.  Take care that your neighbor 
does not insist on his landscaper!

Claire Peplowski
NYS z4

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