Bushing their boundaries

Neighbor landscaping on my side of property

Q: My neighbor is changing the landscaping on my side of the property line. It started small, with a trim, but she recently planted a bush at least a foot onto my lot. I am trying to be a good neighbor and not make a big deal out of a small problem. I am concerned that if I do not do something

now, it will continue to get worse. What should I do? — Sally

A: Patience is a great virtue, but even the best neighbor can sometimes rub your last nerve raw.

Some things are safe to ignore for the sake of peace, such as the occasional loud party or an unreturned cup of sugar.

Others, such as the issue you are experiencing, must be dealt with.

What your neighbor is doing can change your property’s legal boundaries if this goes on long enough. Because the law expects people to defend their property’s boundaries, your inaction could turn into consent if you let it continue long enough.

Fortunately, you have a variety of options to deal with this while maintaining your friendship.

With most disputes, your first step is to have a polite, but firm, conversation with your neighbor. Explain where the line is, both literally and figuratively, and ask her to respect it. This will do the trick in most cases. I am always amazed when I speak with a potential client and find out they had not approached the offender about the issue.

Clear, firm and polite communication can work wonders in many situations. But, sadly, not always.

You can remove the plants that are on your side of the line, being careful not to cause unnecessary damage. The same goes for offending limbs. You can trim plants back to the boundary if you do not cause harm to the entire plant. When in doubt, you should consult with an experienced landscaper.

Finally, there is a reason for the maxim good fences make good neighbors. If all else fails, putting up a fence will put a definite end to the problem plantings. Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.