What kind of damages can I get from my neighbors, who destroyed a hedge on my property? What would be my cause of action?

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What kind of damages can I get from my neighbors, who destroyed a hedge on my property? What would be my cause of action?

My neighbors destroyed a giant hedge on the edge of my property when they were doing some work on their lawn. The hedge is completely gone – no saving it. What are my legal rights? What area of law would I sue under – tort or criminal? Is this something I’d take to small claims court?

Asked on May 12, 2009 under Real Estate Law, Utah

Answers:

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

Answered 12 years ago | Contributor

Under these circumstances I would say that your neighbor's are liable.  This is a civil matter.  I don't know the exact cost to replace the hedges but this more than likely will be a matter that you can take to small claims court.

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 hedges.  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.


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