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My neighbor has tall hedges that are growing over a fence into our
property. I live in Wilmington Delaware. Are the any ordinances that
require them to keep the hedges from doing so? Thank you very much.
Howdy nucfish-ga,
How close to your house are the hedges or are they ever filled with
"nuisance-type pests" such as boxelder bugs, etc.?
Thanks! denco-ga - Google Answers Researcher
The fence runs the width of the house, and is approximately 25 feet
from the back door of the house. Thanks
Howdy nucfish-ga,
A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
Unless the hedges are posing a "nuisance" to a structure on your property
or are infested by insects or an infectious (plant) disease, it doesn't
appear to me that there are any ordinances that directly require your
neighbor to prevent the hedges from growing over your fence.
Here are some of what appear to be applicable Wilmington City codes.
http://livepublish.municode.com/LivePublish/newonlinecodes.asp?infobase=11715
Chapter 46 VEGETATION
...
Sec. 46-29. Maintenance of trees and shrubs.
...
"(a) Nuisance by encroachment. The owner, agent of the owner, or person in
control of any parcel of property in or upon which there are trees or shrubs
shall maintain such trees or shrubs in a manner so that the branches or limbs
of any such trees or shrubs which extend over a neighboring property, whether
immediately contiguous or separated by a sidewalk, or by only a street, lane,
alley or other public way, shall not constitute a nuisance to, or cause, or
create an immediate risk of, damage to the roof, walls, doors, or windows of
any structure situated on such neighboring property."
...
"(b) Nuisance by disease and or pests; abatement measures. In any instance
in which the professional judgment of the department of parks and recreation
tree manager, a tree or shrub located on public or private property has the
appearance of being infested by pests, such as boxelder bugs or other nuisance-
type pests or has the appearance of being infected by Dutch elm disease, elm
yellow disease, oak wilt, pine wilt, or any other infectious disease, as such
terms are known and used by and among professional arborists, the tree manager,
acting by and with the authorized officers of the department of licenses and
inspections, may enter upon such property, whether public or private, to
inspect the condition of such tree or shrub, and if upon such inspection, any
of the same is found to harbor any such pest or an infectious disease as
referenced above, but emergency measures are not necessary, the tree manager
shall be authorized to declare the tree or shrub, or any part thereof, to be a
nuisance and, if on private property, through the department of licenses and
inspections, order the removal or abatement by the owner, or agent for the
owner, of the tree or shrub, or part thereof, immediately or within such period
of time deemed appropriate by the tree manager not to exceed 21 days from the
date of such order."
The above presented, if you could show there is the potential for harm or
damage to you or your fence from the shrubs, the following might apply.
Sec. 46-28. Duty of property owners to remove or treat certain ... shrubs ...
"(b) Private property. The owner of any property, or the authorized agent of
such owner, on which property any tree or shrub is located, shall not permit
and shall be solely responsible for any damage that may result to any person
or property from any dangerous condition, whether as a result of disease,
injury, or other cause, of any such tree or shrub or any part of the same.
The department of licenses and inspections shall administer and enforce the
provisions of this subsection, the penalties for violations of which shall be
those provided in section 46-27."
If you need any clarification, feel free to ask.
Search Strategy
Went to the City of Wilmington, Delaware web page, followed the "City Code"
link and searched the city code.
http://www.ci.wilmington.de.us/
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Thank you..that was very helpful...One clarification, if possible.
Are we permitted to trim the hedges that extend into our property? It
looks like a jungle, and we just want it to have a neat appearance.
Thanks!
Howdy nucfish-ga,
I can not find anything in the Wilmington City codes that explicitly (or
even implicitly) states that you can not trim the portion of the shrubs
that extends into your property.
That said, as the commenter suggests, I would also suggest that you
approach the matter as judiciously as possible by speaking with your
neighbor before you do the trimming.
I understand (all too well) that can be a difficult situation, so if that
is not possible, make sure you trim as little as possible (none of the top
of the shrub, for instance) so as to make it acceptable to you, but not
noticeable to your neighbor.
If they hassle you, you might point out Sec. 46-28 to them and suggest that
it is better that you do the trimming rather than get the city involved.
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Is There A Law Requiring Neighbor To Keep Hedges From Growing Into My Yard