The Atlanta Journal-Constitution
Help! Neighbor planted hedge on my property
Our neighbors have planted a hedge about a foot over our property line. We have approached them several times asking that they move the hedge onto their property, but they won’t. What can we do now? — Kathryn
You already started the right way by trying to speak with your neighbors about the problem and are smart to be concerned about this. If the hedge remains, your property lines could eventually be adjusted to match.
Your next step is to consult the survey you got when you purchased the home and make sure your property line is actually where you think it is. If you are unsure, it may be worth consulting a surveyor. Sometimes property lines are not exactly where homeowners think they are.
When you are sure that your neighbors are actually encroaching on your property, you should demand in writing that they remove the hedge. I know it may seem odd to send a certified letter to your next-door neighbors, but this will let them know you are serious and will help if you later have to take legal action. If this does not work, you should speak with your community association’s management, if you have one, and also to your city or town.
If none of this works, you should contact an experienced attorney to help file a lawsuit. Be aware that although your survey says you own the property, your neighbors may also have a survey saying the property belongs to them. In my practice, I have seen cases where two surveys disagree about exactly where a property line is. The judge would have to sort this out and decide if the hedge stays or goes.