Herndon, VA asked in Real Estate Law for Virginia

Q: Can you be sued by your neighbors for not mowing grass?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: Usually, grass height regulations are either at the county or city ordinance level or in the home owner association rules, declarations, or bylaws. Whether the ordinance or rule has a private right of action depends of the language of that ordinance or rule. Unless there is some rule you are breaking by letting your yard return to meadow, there is nothing your neighbor can do until your property creates a nuisance on his property. Generally, natural growth doesn't create nuisance, but it's a good idea to check in with a lawyer on that; and natural growth that distorts a waterway diverting it onto a neighbor can sometimes be a nuisance. If you are referring to a property in Herndon or Reston, there are almost certainly applicable homeowners association rules and Fairfax ordinances that apply to you. Review the situation with counsel before you get locked into something that could be quite costly.

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