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Who's Responsible For Plants That Spread?

Discussion in 'General Industry Discussions' started by CorkscrewWillow, Mar 3, 2011.

  1. CorkscrewWillow

    CorkscrewWillow LawnSite Member
    from KC MO
    Posts: 36

    hypothetical situation here.

    Property owner 1 has a bed that sits right on the property line, and within that bed is creeping euonymus fortunei
    or English Ivy or some other spreading plant.
    Property owner 2 has turfgrass that abuts #1s planting and doesn't want English Ivy, etc, on their property.

    Is it Property owner #1s responsibility to keep the creeping plants off of Property owner #2s property or vice versa.?
    When does a "plants natural habit of growing and multiplying cross the line(literally and figuratively) when intentionally planted by humans.?"

    The next level would be "What about plants that spread by seeds?"
    Those damn whirlybird seeds from Silver Maples that get everywhere,
    or a classified noxious weed like Lythrum or Asian Honeysuckle.

    Throw out some thoughts.
  2. where it really gets nasty is when someone has a fescue lawn and the neighbor plants bermuda or some grass like that.
  3. tlc1994

    tlc1994 LawnSite Senior Member
    Posts: 290

    Don't know if "homeowner #2" has a lawsuit against "homeowner #1" but I witnessed a customer a while ago who's neighbor's tree was right on the property line and the roots were so invasive that they started to lift up my customer's driveway. My customer took them to court and won; a few weeks later the tree was removed at the expense of the neighbor. Since spreading ivy may not cause property damage, I don't know if "homeowner #2" has a lawsuit, but if I was him I would try to resolve it personally with "homeowner #1" first.
  4. CorkscrewWillow

    CorkscrewWillow LawnSite Member
    from KC MO
    Posts: 36

    This is not happening anywhere that I know of but I was doing a yard cleanup and the neighbors rose of sharon was spreading it's seeds over 4 connecting yards and there were rose of sharon sprouts everywhere and it got me to thinking.
    You know how it is when you're doing some mindless work and there is nothing else to think about.

    My backyard neighbor had zoysia that always crept into my beds until I talked him into killing it off and planting ttf.
    And I got the job to replace the zoysia to boot:cool2:
  5. GreenI.A.

    GreenI.A. LawnSite Silver Member
    Posts: 2,132

    Im not sure about other states but here if plants that grow over the property line can be trimmed back by the neighbor as long as doing so does not jeprdize the health of the plant. For example say you have a maple 10' away from the property line, the neighbor can have the branches hanging over his property line removed. But you can't legally take them back to the main stem but can only cut right where the property meets (imagine a wall right on the line), most companies will talk to the tree owner and explain this and offer to take the branches back to the main stem so that it is not an eye sore. But another example, say you have a bush that is just over the propery line and 40% of its branches are on the neighbors property. The neighbor does not have the right to trim back all of the branches as doing so would threaten the health of the plant
  6. castlerockmo

    castlerockmo LawnSite Senior Member
    Posts: 867

    Oh I have a client and her neighbor did that! Kills me, my strips look like crap in the summer!
    Posted via Mobile Device

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