It depends on where the property lines lie, as well as local jurisdiction laws. In my area, if a branch extends over a neighboring property line, the neighboring property owner is entitled to cut the branch (but not the entire tree unless the tree is on their property). Fencing usually falls within a property line, rather than right on the line, and in those cases the person whose property it is within owns the fence. There may be metal poles sunk in the ground right at the property line - if you can find those pipes, you'll know where the property line is. This is in the case of ndividually owned townhouses, of course - if it's rental, the town home complex owner owns the land and all improvements on the land, including fencing put up by renters.

We have a city ordinance that requires fencing be place 1' within your property line. This is done (they tell me) so the owner of the fence can maintain both sides of their fence. My house has an old metal fence and the neighbors build a beautiful wood fence a foot over from mine. Actually it is right on our property lines, but not an issue with me. Unless I'm paying taxes on the extra foot rather than them. Have plenty of property and allows me to slowly get rid of the wire fencing...actually antique looking but the leaves like to land inbetween fencing and difficult to remove.

I would check on covenants and ordinances....just to be sure on your end. Nothing like having the right information to end the squabble. For me it wouldn't be a problem if someone wanted to plant a tree, vine or bush.

Aren't neighbors a pit at times? They could have asked to have the new trees moved, revenge is less than courteous. Sometimes I think these people are bored and live on controversy.

I'm sorry, you just shouldn't plant a tree right next to a fence, rail, house or whatever. Trees grow and flex with the wind. They should be supported with tree stakes or guy wires into the ground with enough flex room until strong enough to stand by themselves.

Trees to be espaliered should be on a free-standing trellis or against wires supported several inches off a fence or wall to allow for "growing room."

Trees should be planted with enough space for the mature canopy to be fully within your own property unless you have the adjoining neighbor's permission. For example - trees with an estimated 10 ft. mature canopy width should be planted at least 5 feet away from the property line.

If it is truly the neighbor's rail, (paid for by them and not as part of the association/common areas) your sister needs to keep her plants off of it. She should build a support a few inches inside the rail and then she can attach anything she wants to it and the neighbors won't be able to say a thing.

As you can tell this is a bit of a pet peeve with me. My husband is a landscape contractor and often has to remove beautiful trees that are breaking fences, lifting sidewalks, cracking walls or have been butchered because a neighbor cut all the branches hanging over a property line weakening or unbalancing the tree.

Please use common sense when landscaping, and remember, that tiny little tree you plant today needs lots of room to grow!

Is it a "townhouse" or a "condo"? Depending on which it really is, different rules would most likely apply. If it's a condo, than yes, in most cases anything outside of the interior walls of the unit is considered common and maintained by the Association. Townhouses are a little different though in that the homeowner is typically responsible for their own exterior maintenance needs. It really just all depends on what is written in the CCR's for that particular development/Association. To get the issue clarified, you may want to contact the Association and just ask.

In regards to the law suit I am not an Attorney but based on the amount of money involved, something like this is monetarily small and would most likely be handled in a small claims court. If that's the case, your sister would just need to present her side of the story as well as any documentation to support it. To get restitution for her trees, she would need to file a counter suit for the damages and depending on the court, often times, both suits can be heard by the same judge at the same time. Filing a small claims lawsuit is neither difficult nor expensive. The process and/or forms can normally be found on the website under small claims for the county you live in.

That said, depending on the situation, you may want to look into seeking the advise of an Attorney just to ensure you have accurate information and fully understand what you need to do to protect yourselves.

I don't know what this means: "So she got few trees in the backyard and bound those trees with the backyard rail."

Did she plant new trees where none existed? What does bound mean? What's a backyard rail? Was this backyard rail an existing structure or did she build it?