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niki_marcheggiani

Neighbor planting in my garden

We just bought our first house. During the buying process I noticed that the small garden and walkway in the front of the house had pavers that matched the neighbors property. It turns out that when the neighbors did their landscaping they went ahead and put their pavers on the property and had been taking care of the garden. After speaking with the sellers they told us that the neighbors had been taking care of the garden for a while and the owner liked to plant plants there. Before we closed, we added in our contract that the sellers needed to make a visible separation where the property line was. The sellers ended up cutting a line through the brick pavers in the walkway to show where the property line was. Once we moved in we talked with the neighbors and they were very aware of the property line and did not have issues with knowing where it was.


Since we've moved in there has been more than one instance where the neighbor has planted plants in the garden on our property without asking to do so. The garden is full of flowers and looks great, and honestly we're new homeowners and probably would not have had the time to plant there this season. But, it makes me uncomfortable that they are planting there and taking care of it as if it is part of their property. Eventually I would love to have our own pavers in the walkway and front patio (we've mentioned this to the neighbors too), but we don't have a plan in place to do immediate landscaping. Even though we don't have a plan in place yet, we'd really like to claim back our space and politely ask them to stop planting and gardening there so that we can do our own thing. I'm just not sure how to do it.


Really looking for some advice here.



Comments (65)

  • 6 years ago
    talk to them.. tellt hem how great it looks and ask them for advice so that you can do the garden.. buy them a plant. I am sure they would love tonshare their advice!! we have a small garden area split on the property line.. my neighbors told me we could do whatever.. were making it a shared garden with herbs so we both can benefit :)
  • 6 years ago
    I'm confused too... however, I do not see anything in that garden bed that would've been newly planted. Those are all established perennials that have either been there for years, or the earliest they could have been planted was last fall (the tulips) but even those look to me like they're on at least their second year of coming up. (They decline over the years)
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  • 6 years ago

    Your neighbors may be trying to help and improve the area for their benefit as well. I see perennials in your picture, so maybe it’s not a recent image depicting the additions by your neighbor, if there are any (I also am having difficulty distinguishing your area versus theirs). Regardless, if it makes you feel uncomfortable and you do not want them planting there, you should politely tell them so. Adverse possession is a legal doctrine where someone can gain title to someone else’s land. It takes years, and may not be at issue here, but it happens.

  • 6 years ago

    Niki, I hope you come back! You have a perfect right to do as you please with the space. I can tell from your post you know how to handle it nicely and keep the peace. It will be fine. :-)

  • 6 years ago
    last modified: 6 years ago

    Omg! For once I agree with the bluntness of Sophie Wheeler’s advice. ; )

    You need to chill. I thought before seeing the photo that they were coming into your yard or something. Not okay. But really? This little patch?

    I’d be kind and friendly and talk to them about the plants, how long they’ve been doing it, etc. Be a neighbour. Once you’ve established a base for good neighbor relations (SO important), I’d talk in a conversational way about ideas and plans you want to implement. This is a less awkward way of establishing ownership.

    If they don’t seem to get your point you could ask them what they’d like you to do with the plants if you have to move them.

    If you’re living in close quarters continuity of materials and plants can often look better than a mish mash. Why not work with your neighbour to create something beautiful together? My neighbour and I share a garden bed on our border and have a lot of fun with it.

  • 6 years ago
    last modified: 6 years ago

    O.P. is under no responsibility to do anything with the bed to suit these or any other neighbors, unless this is an H.O.A. development. If the aforementioned discussion with the gardening neighbors was intended to make it clear that the arrangement with the previous occupant was no longer in effect, then if in fact any additional gardening in that bed has occurred since then the new property owner is being defied and ignored.

    The re-definition of the property line and the mere existence of this thread would tend to indicate that O.P. is wanting the volunteer gardening to stop. The next thing is to find out whether any additional "help" has in fact been given since the discussion.

    I have four sets of adjacent property owners here where at least one member of the household has felt the need to come on my place and do things, without prior discussion. In fact just yesterday I had occasion to notice herbicide damage to a rare maple I cannot easily replace, because it is located near a fence line. A fence line that the couple believes they are legally entitled by municipal code to maintain on both sides, including the side on my property. (When I asked at the appropriate city offices about this once they seemed to almost burst out laughing at the suggestion that the city would ever grant a property owner the right to go onto another's property without permission).

    Also of course whenever somebody who does not own it is on a property there is always the possibility of something happening where terms like law suits and liability become relevant.

  • 6 years ago

    Embothrium, although we can all sympathize with your situation which sounds frustrating to say the least, it doesn't correlate with this dilemma.

    Nothing in the photo posted indicates that the neighbours have continued gardening this plot other than possibly to weed it, although the words indicate that they've planted several things. There are no annuals, no half-hardy perennials that just got set back out, no new perennials that were recently added.

    I think Niki's absence since Tuesday is a good indication that she has realized that possibly she was holding them responsible for acts they didn't commit. Or maybe not, who knows.

    As for the pavers, tearing up perfectly good pavers just to add different ones to an area that is clearly adjacent is silly. If you tear up the pavers, pour concrete to match the driveway so there is continuity with your side rather than theirs.

  • 6 years ago
    Ugh. Reading this post made me sad about humanity.
  • 6 years ago
    last modified: 6 years ago

    Notice my first paragraph contains the phrase

    if in fact any additional gardening in that bed has occurred

    Also cannot agree that there is no similarity between this situation and what I have encountered here, all the more so if the unwanted "help" has definitely continued after steps were taken by the property owner to indicate it was not wanted.

    It's the same as the lawn edging thread, where the lawn met a neighboring driveway. In that each party is responsible for their own property and that is the extent of it. As long as relevant codes and laws are complied with what, exactly, a body does with their own land is up to them and not the neighbors. This is why H.O.A. neighborhoods exist, they are for that segment of the market who find it necessary to live where ideas they themselves share about property use and maintenance are enforced by a committee.

  • 6 years ago

    Niki, all I can give you for advice is:

    • expect the best of your neighbours. It's highly unlikely that they are trying to annex your land.
    • take your turn weeding the plot, mowing the grass, and shoveling/sweeping the walk. If they are elderly, do it every time.
    • don't tear up those pavers until and unless you are going to redo your driveway, then make this area match the new drive.
    • add some annuals to the plot, something easy like pansies, marigolds, or impatiens.
  • 6 years ago
    last modified: 6 years ago

    Suppose you become aware a neighbor thinks your car isn't being kept clean enough or you should wash your windows more often. Would you now undertake a routine to conform to their expectations? I see no reason whatsoever why the O.P. should continue on with the gardening of their own bed that the neighbor is/was doing, just because it was being done before the O.P. bought the place.

    Doubtless the habitual trespassers around me would be appalled if I responded in kind, making unauthorized herbicide applications, pulling plants out and cutting shrubs back on their lots, without their permission.

  • 6 years ago

    Actually, a closer analogy would be... "My neighbor washes my filthy car for free? Whatever shall I do!?!!??" Same answer,use your words and a bit of kindness.

  • 6 years ago

    Being a good neighbour means cooperating nicely on shared spaces. It doesn't mean changing your values to suit theirs.

    Examples:

    -My mom and her neighbour take turns mowing the strip of lawn between their driveways. Now that she's getting older and the neighbours are a young couple, they do it more often.

    -Again with my mom, her neighbours often clear the end of her driveway after the snowplow goes by. She doesn't growl at their kids when they play in her yard.

    -We share a mailbox post with our neighbour across the road. We take turns weedwacking the grass around it.


  • 6 years ago
    Faith in humanity returning, thanks Lindsey.
  • 6 years ago

    Where can I find one of those neighbours who washes your dirty car without asking?

  • 6 years ago

    @Janelle you might have to recruit a 3 or 4 year old. I won't vouch for the results though!

  • 6 years ago

    Have more conversation with the neighbors. Find out what their favorite annual bloomer is and buy them one while you're buying annuals to pop into the bed they're helping keep up. Take a photo of the blooming bed with you and ask the garden center for help in selecting appropriate plants that will make the neighbor's plants look their best (tulips don't have a long bloom time.) Ask the neighbors to help you place them properly to enhance the plants they've already put in. You'll find out where/if they've planted anything that has yet to come up, and hopefully you'll learn that they haven't. Then get busy planning a serious fall remodel of the bed. The remodel should include removal of their pavers and replacement with brick to match yours or concrete to match the drive, or other material to match whatever is going on leading to your front door. If their plants are not in your plan, offer to transplant them wherever they'd like. That's being neighborly, kind and firm at the same time.

  • 6 years ago

    Well said, deco! "Kind but firm" worked well for me with a neighbor. In my case, she truly needed heavy on the firm.

    I'm still a little unclear...is this a shared area or all Niki's? Either way I bet Niki will handle it fine.

  • 6 years ago

    Depiction provided by O.P. at the start - along with thread title - made it clear this is viewed by the O.P. as invasion of their property by somebody coming from well off the property, at random and without discussion each time.

  • PRO
    6 years ago
    last modified: 6 years ago

    This is similar to a hungry infant inappropriately grabbing your boob. Smile, laugh, and let it slide, please:

  • 6 years ago

    Where is the 'cut' paver property line? This is sort of confusing. Clarify please.

  • 6 years ago

    Plant some chives there, both families would use some for cooking.

  • PRO
    6 years ago

    We don't know where the problem lies within the picture. But if it is in the picture, this tiny spot is not large enough to have more than a single theme going on. If it is 50/50 shared, then find a way through a nice conversation to agree on a theme. As a newby, be willing to bend. If they have an interest in more than 50% and you less, then let them have it unless they are tired of it and want to give it up to you. If the white rock is yours, put it elsewhere. It doesn't go with anything.

  • 6 years ago
    last modified: 6 years ago

    It's a very small area.. and I would tend to agree with Yardvaark in terms of maybe just letting them continue to maintain that. Either way - I probably would not have much more conversation with the neighbors. If you feel that they are in violation of agreements, when you are ready to embark on your plans for the property grounds, consider hiring a gardener. The gardener can remove their existing plants, if necessary - and pot them and present them graciously. The gardener can also suggest plants that will complement what is already there - since it is a small area. And the gardener can maintain it moving forward and remove anything that does not belong there. Beyond that I would not focus much more attention on this plot or these neighbors. I would either let them have it, and continue to maintain that area or let a gardener deal with it. That's what I would do, and focus my attentions elsewhere.

  • 6 years ago
    Hi Everyone! Thank you so much for all your input. Its really helpful to get different points of view. Obviously I am concerned about addressing this in the appropriate way that is both neighborly and also eases my concerns.

    To be clear, we moved in last Oct. The tulips were planted by the neighbor sometime after we moved in (without us being asked) although the neighbors mentioned they did it after the fact. I realize the rose bush and possibly the peonies were planted before we moved in and are just regrowing. The neighbors have been continually pruning and up keeping.

    I agree that the neighbors are just trying to make the area look nice but i’m concerned that they feel a sort of ownership over the area after having taken care of it for the previous owners so long (and because they have pavers overlapping onto our side). I just feel uncomfortable even taking ownership over planting what I want or even up keeping there since they already took the liberty and planted there before we got a chance to.

    Here are hopefully more helpful pictures with the property line clearly drawn. Also to be clear, the pavers were cut by the previous owners before we closed on the house after we requested the property line to be visible (they chose to cut the pavers).

    Obviously this is not a huge piece of property, but it is still our property that we have newly purchased. We are first time home owners and finding a place to buy in NYC was no easy feat. I dont want to be petty but I also want to protect my property incase the neighbors feel they have ownership over the area after having taken care of it for so long with the previous owners.

    There are other houses on the block that touch in this way and no other house has this area as a shared space but are all completely separated.

    I agree that we need to start the dialogue with the neighbors, thank them for keeping the garden so beautiful and let them know our concerns. And also have a plan in place to make a clearer separation with our own pavers and possibly a garden fence.

    Thanks again!
  • 6 years ago
    Has a land surveyor come out to verify this property line? Do that FIRST.

    A garden fence will look ridiculous with this layout. That’s not a good solution. The neighbors haven’t even done anything except prune since you said something (and plant a few bulbs perhaps? Are you sure those weren’t there before? They are perennials). Also it looks like most of the bulbs are in their side anyway...

    The placement of this garden is highly visible when walking up to the entrance of both homes and your neighbors have a strong interest in making sure it looks good. You say you don’t want to garden; perhaps they pruned it (the only thing to prune there is a rose bush anyway) because you were letting it run rampant and it was looking crappy? Sorry, but this does seem petty... I pull weeds from my neighbors property that’s next to our front gate because otherwise my house looks shitty. It doesn’t mean I’m going to claim that three feet of space is mine.

    STEP ONE is to verify the property line. Step TWO is communication and step THREE is to go get your hands dirty and take ownership if that’s what you want. You don’t just get to say “THAT’S MINE!” and then let it go to weed. If you really want to take care of it and take ownership of a garden, that’s another story.

    This is your first home. You may not understand this yet but establishing a friendly and open relationship with your neighbors is very important. Don’t start out being passive aggressive about a garden plot you don’t even want to care for.
  • 6 years ago
    Oh and those peonies are at least 5 years old.
  • 6 years ago

    Thanks for the picture with the red dividing line. So we assume that your property is on the LEFT side of the line?

  • 6 years ago

    Are you thinking that you also own part of the neighbor's house? Because extending that red line sure looks like it. Didn't you get a survey at closing? Who mows or pays for the mowing?

  • 6 years ago
    There is no question about where the property line is as we have had a survey. Our neighbors also have a survey that shows the same. The picture is just a visual for the forum.

    Yes our property is to the left side.
  • 6 years ago

    Your red line goes right through a door. Nothing makes sense unless you tell us what side is yours and what side is the neighbor's.


    That said, I think that you need to take a firm hand about assuming responsibility for your part of the shared garden. Ask for their advice about what to plant, then you do it. Then you water the bed, pull the weeds, deadhead the flowers, etc.

  • 6 years ago
    last modified: 6 years ago

    What I'm looking at are not new plants. They've been there for at least one season, but likely longer. Peonies, tulips, and irises are all bulbs that die to the ground in the fall and emerge in the spring. That's what you're looking at—spring growth.

  • 6 years ago

    Hi Niki,

    Greetings from a fellow New Yorker!

    Are you out in Queens, like Forest Hills? I think your new property is huge!

    It sounds like you're upset and concerned, this is your first home purchase, etc.

    You need to buck up and say your piece face to face if this is so troubling to you, I'm betting that the neighbors are elderly and know everyone on the block? Ugh.

    Present it like you're doing them the favor, I like the post with the Niki's Garden thing. But be prepared for a backlash, they will probably be hurt and offended. They're not looking at "the property line" they're looking at "the garden," it's not so granular to them.

  • PRO
    6 years ago
    last modified: 6 years ago

    omg,,,we're talking about a 2' long flower bed? it looks like they have the far right portion, where the 4 tulips are sprouting? is that their side? this is ridiculous. They're trying to make it look nice. you just said you don't have time to plant anything so what's the fuss? if they didn't plant tulips, and left it alone, it would just be dirt? weeds? the rose bush?

    after the tulips die back, do you plan on planting anything? are you going to out there and water and pull weeds, etc? just enjoy it. it's not like they're setting up a bbq and picnic table on your side of the lawn. it's a small flower bed. if you do want to plant something, then just tell her, "after the tulips die back, I'd like to plant my own flowers, so could you keep that side clear? thanks!"

  • 6 years ago
    Thanks Janie, we’re in East New York. The elderly owner is a sharp lady.
  • PRO
    6 years ago

    send the elderly out my way. I'm on a 9,000sq ft lot with every single inch covered in plants, flowers and grass. I'd love the extra help.

  • 6 years ago

    You need to buck up and say your piece face to face if this is so troubling to you, I'm betting that the neighbors are elderly and know everyone on the block? Ugh.

    I got a chuckle out of that, Janie (What is it with old folks in Queens, anyway?) As the saying goes, fences make good neighbors.


  • 6 years ago

    Sammy, I was staying with my sister in Jackson Heights many years ago, she had an elderly lady neighbor that swept the whole block, argued with the garbage men and smoked cigars in her slippers. I adored her

  • 6 years ago
    last modified: 6 years ago

    Janie,

    She didn’t by any chance live on 81st Street between 34th and 35th, did she?

    ;)

  • 6 years ago

    Sammy,

    LOL! 77th st btwn 35th and 37th. After yelling at the garbage men, she'd go join her posse and sit in front the of Post Office on 37th where they'd smoke cigars :)

    I'm seriously cracking up right now!

  • 6 years ago
    last modified: 6 years ago

    By having the existing pavers cut, (by requesting the property line be identified) it appears you cut away your own walkway. Do you plan to use your neighbor's walkway on this side of the house? Without their permission?

    If you're not careful, you'll end up alienating your neighbor -- one that appears to be, geographically at least, a very close neighbor ... unnecessarily.

    What is your purpose? If, this is about claiming your turf and you do need a walkway on that side of your house, bite the bullet and spend the money to build your own walkway now -- even if that is just filling the space with cement or concrete or gravel.

    If your objection is to the kinds of plants that are there and if don't need a walkway and want to plant your own flowers/plants there, do it.

    You could reclaim your space by removing the plants that are there and putting them in cheap containers to give them back to your neighbor on the day that, and as, you plant a single shrub with mulch around it in that space.

  • 6 years ago
    last modified: 6 years ago

    Suezbell, I think you must’ve missed this:

    Also to be clear, the pavers were cut by the previous owners before we closed on the house after we requested the property line to be visible (they chose to cut the pavers).

  • 6 years ago

    Requesting the line be identified resulted in the pavers being cut. I suppose the sellers could have just painted a line.

  • 6 years ago

    Why don't you find some nice colorful annuals and plant them? Maybe petunias or similar? It sounds to me you are waiting for permission. Just go ahead and take charge of your garden.

    I agree with other posters, would be a shame to destroy the plants already there. Offer to help dig out if you don't want to keep.

  • 6 years ago

    I always think roses need lavender. Pop one in front of the rose bush. It's evergreen so it will be interesting all year, and it requires minimal care other than a yearly haircut.

  • 6 years ago
    I don’t want to take out what’s there. I just want to be in charge of any further planting and care.
  • 6 years ago

    Then go for it! If they say something you can cross that bridge when it happens.

    Just put something, anything annual in there for now, until you decide the ultimate look you want. Like I suggested before: pansies, marigolds, and impatiens are all basically foolproof. Lavender is also easy, just stick it in the ground and watch it flourish. It will live for years if trimmed yearly. Posierosie suggested petunias which are also very easy. And super fun to deadhead! (that means taking off the dried up, finished blooms)

    I think we all thought you were suggesting removing what is there. I know I for sure did. Sorry about that.

  • 6 years ago
    last modified: 6 years ago

    I would just start planting there what you want, I doubt they will say anything, if they do just make polite regular neighbor conversation about what you envision for the space and see what all they recommend about what has flourished in the past. And I also recommend roses and lavender, my favorite!

  • 6 years ago

    This may be a neighborhood where this IS a considerable amount of front lawn / garden! Looking at the new photos posted by Niki, it seems like the area would benefit by redesigning the landscape. The neighbor does not appear to have superior skills. Maybe a new post looking for design options, considering your side alone and an option your neighbor could build on.

    April