Can I sue my neighbor for land encroachment for their rose bush vines which they refuse to keep trim?

My neighbor has a rose bush with limbs that come through and over their gate

and cover my garage steps if not trimmed. I began having my landscaper trim the

vines that came through the fence. However, twice now my landscaper has contacted me stating that he was yelled at and basically harassed by tenants over at the

home. They are a couple who live there with their children and the husband’s mother but the property is owned by the wife’s mother, who doesn’t live there.

I contacted the police and they told me to have my landscaper call 911 next

time- I dont want it to even get to that. I tried contacting the husband to

discuss this and was hung up on. This same neighbor told me personally that my

homes previous owner tried to kill the bush and even that one of my tenants

asked him to trim the vines.

This isnt the first time someone working for me has been harassed. In 2011 a

contractor told me that he walked out on this same neighbor the husband

yelling at one of his staff members in an aggressive way, but when he

confronted him the neighbor backed down and stated that he was just telling the

worker not to stack the bags of dirt too high next to his garage.

Id like to file a lawsuit for trespassing, as this isnt the first grievance

Ive had with this home. I feel as though they cannot be guilted or reasoned

with, which has prompted me to explore legal options. I began taking

pictures/video of the bushs intrusion since the last incident. Do I have

grounds to sue?

Asked on September 25, 2016 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You *could* bring an action in chancery court (a division or part of the regular county (not city) court) for a court order requiring your neighbor to keep the bushes on is side, but be aware that such lawsuits, seeking a court order, not just monetary compensation, are procedurally more complex and you would very likely need an attorney, increasing your cost.
Or you could sue simply sue the neighbor for the cost to trim his bushes (you can aggregate the last several trimming costs), such as in small claims court, which is procedurally much simpler. If he has to pay your costs, maybe he will get the idea. 
But yes...if he intereferes with your contractors, landscapppers, workers, etc. you should at that time call the police.


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