Plants between a new fence and property lines.

UPDATED: Oct 2, 2022

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Plants between a new fence and property lines.

My neighbor recently within the past week had a fence erected and the fence is entirely within their boundaries of the property line. However, the previous owners of that house had several decorative bushes and trees planted inside their property line that the fence does not enclose. I was told by someone close to me that since the plants are outside the fence, they now become my responsibility to maintain, dispose of, etc even though they are not on my property and I have no ownership to them. Is this the case or would they still be the other person’s responsibility for maintaining as they are on their property still?

Asked on August 15, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are still your neighbor's plants and responsibility (which means, of course, they can neglect them if they choose): they are on your neighbor's property and were planted by the home's previous owner. Someone cannot make part of their property your responsibility by simply excluding it outside a fence.

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