My neighbors cut down all of the seeding plants that my son and I were saving. What can we do about it?

Question

My 13 year old son and I planted a garden last year and left many of the plants to weather the winter to collect the seeds from them when they were ready. I went away for Independence Day and came back to find that my brother (who I rent from) allowed the neighbors to cut down all of the plants because they were afraid that some of the seeds would end up in their lawn.

Now, I know it is my brothers yard - but, the plants were clearly ours and we are heartbroken that a years worth of waiting left us without our seeds. My brother has always known that I save my seeds. I always save some peas, beans, tomatoes, etc... for seeds so I may grow them the following year.

We started taking care of some of the planters and progress was being made, but some of the plants were not ready to be purged of their potential offspring. I understand how some people feel about their lawns, but I don't think it warrants tearing my garden down without so much as a call.

Do I have legal rights????

Answer 1

in the future, buy your own property or use containers for planting.  check into a community garden in your neighborhood.

Answer 2

Wow thats harsh! as your brother owns the yard and gave permission you wouldn't have any legal rights against your neighbour, but if you have a legal agreement about the place (like a lease) with your brother, I'd be looking very carefully at that cause that is just so very wrong. Sorry about your seeds :(

Answer 3

Get your own space/house to do as you please with it. Do you grow zucchini too?

Answer 4

Your neighbor probably feels that he went through the right channels by contacting the owner.  It sounds as if your problem is with your brother.  If he doesn't allow you to use the property as you wish and in a way which doesn't damage it, you might want to consider renting somewhere else.

Answer 5

You aren't the property owner so you don't have any rights unfortunately.  Perhaps you can move your garden farther from the property line and put up some kind of fence to keep things on your lot.

I think it's rude for people to do that without your permission or at least letting you know they are going to do that but most people are rude so its just something you'll have to live with.

Answer 6

If you rent from your brother..then he does not have the right to have something you own destroyed..the best he can LEGALLY do if he feels it threatens the rental property...Is send you a registered letter and go from there...A renter has thier rights regardless if they rent from relatives or not...The neighbors had permission but in the same effect..they knew they were yours and should have never asked your brother...That was kind of underhanded of them....If you want a family dispute..all you can do is sue your brother for the plants agricultural worth...

Answer 7

it's JULY.... no one starts veggies this late!!...... those 'seeds' were ready in FEB and the dead plants they're on probably looked pretty ratty by now... they SHOULD have been cut down long ago.... don't blame anyone else, blame yourself for not getting your stuff cleaned up and done long before now..... the neighbors probably were worried about rats!..... and if there's a six ft privacy fence, your Brother did the cutting down and is blaming it on the neighbors....

why do I smell troll?....

Answer 8

Yea, I think there may be two things you would have to prove. One might be almost impossible to prove.

One would be that you are indeed a TENANT and not just a relative who is helping their brother out while their brother is helping them out. If you have a legal lease (signed by both of you) then the property you share with your brother is exactly that – shared… and unless you made it clear to him you had relinquished all your rights as a tenant, he has no right to speak on your behalf. Especially if you could prove the part of the garden you were using was part/or included in your rental agreement.

I think you might have to take this up on the legal front with your brother first and then with your neighbor.

The second thing you might have to prove in a civil case would be “intent” – which is very hard to do. Was your brother’s intent to harm you in any way? – Was it your neighbors “intent” to harm you? Or were both party’s executing “a good will gesture” based on what they thought YOU would have wanted – a garden clean-up.

So, to be a little clearer – if you could prove you had/have a legal signed lease and that the garden belonged to you and only you – you might be able to file a case against your brother and your neighbor.

If not – give your brother a swift kick in the a** for being so inconsiderate and disrespectful to you and next year plant the garden closer to your neighbors lawn and don’t go away at that time of year.

Although I don’t know any of you – something tells me there is more to this malicious and devious behavior on the part of your brother and neighbor, than is clearly visible on the surface. That’s just my guess.