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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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neghbor sprays weed and grasskiller 30 into my yard passed

Customer Question

neghbor sprays weed and grasskiller 30" into my yard passed a fence
Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.
Hello there:

I understand the situation, but I do not want to make any assumptions; what is the legal question that I can help you with tonight?
Customer: replied 6 years ago.
my neighbor sprays.grass killer up to 2' into my yard, past a fence. Is this action a orm of trespassing?
Expert:  Brandon M. replied 6 years ago.
Is the spray intentionally being sprayed into your yard, or is it residual from the activities on your neighbor's side?
Customer: replied 6 years ago.
It appears to be intentional. It stretches the length of the frence, approx. 5 yards and is even the whole length. It is only about 2'-3' on their side of the same fence
Customer: replied 6 years ago.

I am having trouble with my keyboard, it jumps around in the text, sorry. my neighbor has spray weed and grass killer on my side of the fence before, but this time he sprayed approx. 2'1/2" past the fence between our two yards on to my property. It was sprayed evenly down the fence for approx. 4 -5 yards. I am trying to raise heritage vegetables in an 'organic' garden just a few feet away from where he has sprayed. Can this action be 'legally ' considered trespassing?


Expert:  Brandon M. replied 6 years ago.
It's certainly a nuisance, and to the extent that it negligently exposes your crop to the herbicide it is actionable. It would technically constitute trespass if it could be proven beyond a reasonable doubt that the intrusion was intentional, but law enforcement usually doesn't have the resources to get involved with something like this and prefers to consider it "a civil matter". The remedy is to sue for the loss of value and/or get an injunction/restraining order. If a restraining order/injunction is first obtained, law enforcement would thereafter be glad to get involved.