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Old 05-31-2014, 01:15 PM   #1
meredith weekender
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Default Views / trees / planting

Does anyone know if there is an RSA about planting shrubs too close to the water or blocking a neighbors view??? Any help or insight would be appreciated.
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Old 05-31-2014, 01:58 PM   #2
mbhoward
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Default Views / trees / planting

On the whole, the shore land protection act is more concerned with what you take away, not what you decide to plant. A good summary about the act can be found here < http://des.nh.gov/organization/commi...ments/sp-5.pdf > . If you root around the DES site, you can also find another fact sheet that lists acceptable trees and shrubs and other greenery < http://des.nh.gov/organization/commi..._plantings.pdf >

I don't think I answered your question directly but at least you'll have more information.

Last edited by mbhoward; 05-31-2014 at 01:59 PM. Reason: clarity
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Old 05-31-2014, 02:01 PM   #3
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Originally Posted by meredith weekender View Post
Does anyone know if there is an RSA about planting shrubs too close to the water or blocking a neighbors view??? Any help or insight would be appreciated.
Blocking a neighbors view can be stopped legally only if they have deeded view easement. Other than that, the other issue is political fallout, they are neighbors and you will likely irk them by blocking their view.

I cannot answer the shrub setback question, but check the shore land list of do's and don'ts, you will likely find your answer there.

Last edited by jmen24; 05-31-2014 at 07:03 PM.
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Old 05-31-2014, 02:20 PM   #4
meredith weekender
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Originally Posted by jmen24 View Post
Blocking a neighbors view can be stopped legally only if they have deeded view easement. Other than that, the other issue is political fallout, they are neighbors and you will likely irk them by blocking their view.

I cannot answer the shrub setback question, but check the shore land list of do's and don'ts, you will likely find your answer their.


The issue is that my neighbors have planted 8' tall arborvitaes along the property line to block the view of their fence.
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Old 05-31-2014, 07:02 PM   #5
jmen24
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The issue is that my neighbors have planted 8' tall arborvitaes along the property line to block the view of their fence.
I see, are you looking for ways to challenge the installation? Because that technically may qualify for a different issue. If they are planted very close together, you could say that they are being used as a "Spite Fence" and the town may force the issue to remove or keep them cut to a certain height.

http://www.gencourt.state.nh.us/rsa/...76/476-mrg.htm

All I can say is good luck, I had a neighbor that would constantly mow my side lawn, which would be OK if he mowed it to the same height that I mowed the rest of my yard, but he didn't. Told me that he has been mowing that area for 25 years and was going to continue to do so. The main issue is that when I put sod down, I did not select a style that liked being mowed real short, which he would almost scalp it when he mowed it.

My solution was to install two very large planting beds at my property line, so it is no longer easy for him to mow and he has stopped. They are nice folks and I did not want to create a situation where we could not be neighbors. It has been in place for 3 years now and he has not mowed my side since I put them in.

I am sorry that you are in the position you are in, but in my opinion your neighbor is causing a situation that probably could have been remedied differently. Whether they are private folks or did not like you or your family really doesn't matter for this discussion, but what they have done is technically a violation of your enjoyment.

They may be thinking that you would rather look at huge Western Red Cedar trees, but they should have asked if that was the case.

Last edited by jmen24; 05-31-2014 at 10:29 PM.
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Old 06-01-2014, 01:21 PM   #6
Not to Worry
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Default Land rights

I think the homeowner
has every right to plant trees along his property line. The only view I think I am entitled to is what I can control on my land and not my neighbors land...unless there was some sort of land right and or deeded right.
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