Fence is a Hurdle for Neighbors
By Alisha A Pina
EAST PROVIDENCE — It’s a Memorial Day tradition at City Solicitor William Conley’s house.
He dusts off his pruning shears, walks over to the edge of his property and clips off any of his neighbor’s branches and shrubs that have crossed the boundary line. Conley said he doesn’t need permission from his neighbor nor does he have to get law enforcement and others involved. It’s his and every property owners’ right.
But the insight at Tuesday night’s City Council didn’t please 77- year-old Thelma Dufresne, who has a long-running dispute with the vegetation grown by her next-door neighbor Jose Cruz. She alleges his hedges, bushes and a tree damages her fence. Over the years, community police officers, city councilors and members of the General Assembly have tried to help resolve the matter. Councilman Bryan Silva once went there.
Dufresne has read letters and spoke at at least four council meetings. Cruz has not attended any of them. The two also went to the Community Mediation Center of Rhode Island and they signed an agreement that Dufresne said Cruz reneged on months later. Last year, Rep. Helio Melo even had the General Assembly approve an addition to an existing law in his attempt to resolve the quarrel.
The new section of Rhode Island General Laws Chapter 34-10, which is titled “fences,” reads: “Whenever vegetation overgrows and damages a partition fence, the proprietor, possessor or owner of the land from which the vegetation originates shall be liable for the removal of all of the overgrown vegetation and the necessary repairs to the partition fence caused by the overgrown vegetation.”
Dufresne went before the council Tuesday to ask the board to pass a similar city ordinance so city officials could then make Cruz do the work and pay for her damages.
“Why should the one who’s not doing anything wrong have to pay for someone to [cut the hedges]?” Dufresne said while stating she couldn’t do the work herself. If she does pay someone, she continued, “Can I take the cost off my tax bill?”
Mayor Isadore Ramos Jr. quickly shook his head no while Conley explained the improved law gives her the right to file a lawsuit for the alleged damages if she can prove Cruz is libel with evidence, such as pictures.
“I have lots of pictures,” she said.
Conley also told the council the city wouldn’t get involved in such a private dispute even if it had a similar city ordinance in place. When Councilman Robert Cusack asked if there was anything the city could do, someone in the audience suggested Dufresne settle the matter on the television court show, Judge Judy.
She left the podium stating she had hoped to avoid the cost of hiring a lawyer by having East Providence take care of it.
East
Providence apina@projo.com / (401) 277-7465
Originally published by Alisha A Pina, Journal Staff Writer.
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