What is our legal recourse if our neighbor’s bamboo has broken our fence and they refuse to rectify the situation?

Our neighbor planted bamboo on top of a 6ft fence we paid to put in. It has pushed the fence out on our side so much so we can no longer close a gate for the dog enclosure. They have ignored our repeated requests to pull the bamboo (3 verbal, 1 written, 1 certifed letter written). We need to fix the gate because we can’t risk our dog getting out (100 lb Rottweiler). What recourse do we have if they continue to ignore the situation? the fence company can’t fix fence until the cause is removed.

Asked on July 9, 2012 under Real Estate Law, New York

Answers:

Keith Betensky / The Law Offices of Keith R. Betensky

Answered 8 years ago | Contributor

If you cannot settle the matter amicably with your neighbor, you may have a common law claim for trespass and nuisance.  However, there are some preliminary questions to consider before proceeding e.g. where is your property line in relation to the fence?  Feel free to contact me for advice. 

This response is for information purposes only and does not consitiute legal advice.


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