Shrubbery damage

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Shrubbery damage

A new neighbor employed a service to remove some trees from his yard. I’m not sure why but they also damaged several 15 year old wisteria vines growing on our fence that abbutted his property. The fence was built by us 14 years ago and was placed 6 inches within our property line. The service entered our property through the fence slats and cut the trunk on our side of the fence. This has altered the beauty and privacy of our back yard. What restitution are we entitled to in Virginia and how should we pursue this?

Asked on May 15, 2009 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't know the exact cost to replace the hedges but if it's under $5,000 this will be a matter that you can take to small claims court in Virginia.

First however, if you have not already done so, you need to speak to them and try and work this out.  It's just common sense to do so and the Judge will ask you if you did.

If it comes down to going to court, be sure you have pictures of the damaged vines.  Also, if you have a picture of them pre-damage that would be helpful as well.  Additionally bring in 2-3 an estimates for replacement.

Here' are 2 links you can refer to:

http://research.lawyers.com/Virginia/Virginia-Small-Claims.html

http://research.lawyers.com/Virginia/VA-What-Is-Small-Claims-Court.html


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