"Frank K." wrote in message
...

As I said in my original post, I planted a row of Leyland
Cypress at the rear of my property five years ago to form a
screen. I planted mine ten feet from the three property
lines so I will be able to mow between them and the lines.
His trees will eventually grow to meet mine, restricting my
mowing. I have one acre of property, so space is not the
issue. If he had a large oak or other shade tree crossing
the line, I would not have a problem with it. It's the low
level growth that bothers me. I don't impose on other
people's property and expect the same of them. I just don't
want someone to think they can use my property as theirs.

I did explain the situation to him and that if the trees are
trimmed to that extent they will probably die. My health
issues will put me in a position to hire someone to do the
trimming and hauling the trash. I don't feel that I should
be put in that position.

I'm feel I'm a good neighbor, helping my neighbors whenever
they need me. I have a fully equipped woodworking shop and a
welder and I gladly use them to help my neighbors without
charge.

Frank,

No matter how good of a neighbor you are, there are always those who just
don't care about anyone else. This is why we have lawyers. You shouldn't
be inconvienienced by your neighbor's landscaping and it sounds as if this
will definitely happen. If you prune back your neighbor's trees to the
extent the trees die, you could possibly be liable for their replacement. I
still believe your neighbor should have to either take care of his trees
himself, or failing this you should be able to pay someone to do it at his
expense.

If you are unsure about what to do, I would suggest consulting with a
lawyer. I would suggest going to a real estate lawyer, because they would
be most likely to have experience in such matters and be most familiar with
property encroachment issues. A consultation and a letter on the lawyer's
letterhead (if needed) should only cost whatever the lawyer's hourly rate
is. Real Estate lawyers' hourly rates typically run about $75 per hour. A
letter from the lawyer to your neighbor explaining your intent to hold him
liable for whatever expenses his trees cost you would let him know how
serious you are about the issue and may in itself correct his behavior. In
the event you are forced to sue him in a couple of years, you will have
proof that you tried to resolve the issue with him very early on.