PS. Our property can't be fenced on our adjoining property lines, due to a drainage easement. Even if I could, he would still manage to let his spray drift go onto my plants. Is there a name for this kind of thing? Crime, vandalism, what?

Call a lawyer and find out what you can do. I understand how upset you are - I would be the same way. I would think you'd have some legal rights, and only a lawyer can accurately tell you what they are.

gardenfanatics suggestion is probably the best one. chances are the best you could get is a small claims lawsuit though(i am no expert)

i am a little more immature though, and i would be hard pressed to keep myself from going to the store and buying some fertilizer. then waiting until he fertilizes his lawn and leaves the house, and going right back over it to insure burn out. or accidentally scalping his side of the lawn on the border of the properties.

I agree with garett but retaliation is never the answer. First concentrate on your health and upcoming surgery. But document everything first. Keep those pictures handy. Decide if it is worth it to you to pursue a legal battle over this. If it is then small claims court is the way to go. It is easy. Low filing fees and no lawyer needed. The county might have mandatory mediation before a trial though so call the courthouse and ask. With any luck he wouldn't show up to mediation or court and you win by default. Now collecting damages is a different story. You probably won't ever see a dime. But at least you have a judgment. You might be able to file a lien against his house to collect the judgment when he eventually sells.

Set up a camera and catch him in the act of trespassing. Then file a police report for that. That will show him you are serious. No one likes dealing with the cops no matter how tough they act. Talk to the HOA he might have violated a provision of the HOA agreement.

Oh and yes if he did what you think he did he committed several crimes depending on your jurisdiction. Sounds like willful destruction of property, vandalism, trespassing(his spray trespassed even if his body didn't-neat huh) and maybe even good old intentional infliction of emotional distress if he knew his actions would upset you.

It sounds like a lot, I know, but legal battles are lengthy and expensive which is why so many people don't pursue them. They let jerks like this one get away with stuff. One last thing, find your local legal aid society. They might handle your case for free. Good luck and I encourage you to get this guy!

Yes, you have legal recourse if you can prove your assertions to a fact finder's satisfaction.

But, a legal judgment against a neighbor might by a Pyhrric victory.

I'd suggest trying every lower form of dispute resolution you could before ratcheting up the emotional level. Cookies? Flattery? A cold brew or two? Helping with a project or need? Mutual friends, neighbor family connections acting as go-between? Church, civic organization?

Lastly, some kind of formal mediation where a trained neutral party helps the parties find a mutually agreeable resolution.

Cops and lawsuits only as a last resort and if you are prepared to live in a state of open warfare with this neighbor.

I don't think you care about receiving damages for what he has done so much as to want to prevent him from doing it again. I agree with the comments about civil litigation being not as simple as it seems. If you are serious about stopping this I would go to the police or even your local department of environmental protection or whatever it is called by you. They may well brush you off, but then again I imagine there are some pretty serious regulations involving the application of pesticides by a non-licensed person on someone else's residential property. If you play up the "my kids" or "grandkids" or some other kids, or pets, play on this yard angle, you might get some results.

Good luck.

Just don't mention your lost plants, they will treat you like a lunatic if you do: remember, it is all about the safety of the kids!

(or the pets...)

Best of luck,
Paul

There is a post over on the Rose Forum where I frequent that pertains to Round-Up damage that basically says a homeowner who has a lot of roses has a lawsuit against a farmer who sprayed Round-up and lost a lot of roses due to drift damage. Your neighbor has no right to cause damage to your property. You should stop it now before it escalates. I also read another post from last year where someone was a victim of repeated herbicide dousings in her garden and pond and it killed her hostas, lilies, turtles, goldfish, and almost her dog. So...be careful; this person sounds like a real creep. If nothing else, make a police report so it's documented and on file just in case there are more incidents; you need to build a case.

I'm so sorry you have to live by someone like this, especially with all you have going on right now in your life.
-terry

rockthief, do not allow this problem to sidetrack your focus on going through and recovering from your upcoming surgery.

There is nothing that can have a higher priority.

The Police will most likely recommend that you take private legal action.
My suggestion is that you get an objective diagnosis of the plant problem. Ask the County Extension Agent. It is best not to volunteer any subjective information because it may put off the investigator and cause her/him to to shy away from making positive statements if (s)he fears that they may feature in litigation. The legal system seems to favor the "Expert" witness. Credentials are intensely scrutinised.

I have a neighbor that is spraying herbicide on my perrinels that have grown with lots of love. Most of the plants are drought tolerant. She usually comes every night at various times & sprays my plants. Pretty soon I will not have any plants, I cannot see her despite light in the back yard I don't know her, but she was bragging about how she is thinning my plants. another neiigbor' who I am assuming is helping her with the ladder to cross the fence.

she thinks my plants are weeds. The garden is well groomed. Whenever, I pull out the dead plants there is a strong odor of ? heribicide that sometimes has maple syrup smell & sometimes a pungent smell. At 75< I will never see the fruits of my labor or for future growing opportunities. I filed a police report talked with nursery, & have arborrist to assess potential damage to my trees. Oh ,I almost forgot she has a sign out in her front with the words of LOVE!. I am so sad & mad that someone would be so vicious to another neighbor. Last night she came 3 times to spray my yard. Nothing will get done to stop this damage.

My neighbor has done the same.for the last 4 years...until I finally found the right place to complain....not the local authority they did nothing...i went to my states agricultural/pesticides dept. They sent an agent to take samples...resulting in the neighbor having to pay a fine of 400.00.

What was crucial was videos...witnesses!

That was last year this year and this year he has started again and I am starting a new case...if they find him guilty again the fine goes up and can be jailed.

Thanks I will try that root. After investigating the smells more, I think my garden has become dump for the by products of making meth. Thanks for taking time to respond

I still have adult "Garden Nomes" Visit me every night spraying herbicide on my plants. I can't catch them as they are illusive. I see a lot of activity on my computer of someone running in the back & side yards I can't prove anything as they out of sight of the camera.. s! I see large bare areas in the gardens. Not all my plant are effected because they related to grass & the others are broad leaf plants can't tolerate the herbicide. They are dead. I can't catch them in the act so nothing to prove! My computer captures movement by the little red icon on top of the screen. A very frustrating experience! AS there is little support from family & friends. Their advice is to let it go&don't call the police! I have once & the yard had no activity.. My husband thinks that I must be Crazy!! I am not!! I think that the fact that there is no face!! There is no case!!

I contacted Raleigh and they are some of the biggest scum bags on the planet. They will NOT help you and they will try and cover it up! Negligent beyond belief! These morons should all be fired and criminally prosecuted for obstruction of justice!

isnt spraying someone property attemted murder? assult with deadly weapon?

My neighbor did this for years and I would try contacting police...our code and compliance...and the city...finally I found the state Agricultural dept...there a dept within the agricultural dept for pesticides...but before I called them I took videos and a couple of witnesses...i made a complaint and a agent came out and took samples from my affected plants and the soil...after the sent my samples I got a letter from them giving a breakdown of the pesticides that he was using in my yard....he was sent a letter saying he was using them in a way that is not on the warnings on the pesticide container...he was fined 400.00 and warned if this happens again the fine would be larger and could result in jail time

But it was too late for my dogs...they both died within the year after ...both young dogs died of brain cancer and thyroid cancer...

Im in same situationtoon, neighb spray shrshrubs wwith roundup . pu put cameras up, caught and arrested

I also have this problem, I tried the route of going to state AG dept lab, they didn't have the high end equipment to detect "glyphosate", which is the active ingredient in weed killer products such as RoundUp™. So I had 6' solid plastic fencing installed around my property...he started to spray over it! I went to the police out of frustration and called them a couple of times for them to finally say they can't do anything because my plants were old/diseased...but I said there were cut branches too...still it went to deaf ears. I had these trees for over three decades and they are irreplaceable at this stage. So I am trying other barriers to capture the herbicide sprayed over my fence (and not for evidence, but for survival). I hammered a grouping of 3 each of rebar into the ground (spread out at the top) on both ends of my tree grouping within my fence, then slipped narrow aluminum pipe used for chain link fencing over the rebar grouping between my stockade fencing and trees. I then hung a lightweight tarp up with wire from pole to pole and cupped the bottom of the tarp behind my fence so it's not noticable and the spray could be collected...at the bottom of the tarp I poked a hole at the bottom of the tarp to have it drain into a large contractor pail. It's still a work in progress, but I did manage to capture a bucket full of the herbicide used over a week's time....but I have to make the barrier higher since it appears he is now reaching almost the full two story height of my arborvitaes.

Previous to setting this all up, I noticed the fence height there are holes right across that I can see through when this first started...and some of the spray went onto my window! My thought is the more this neighbor recklessly handles this herbicide the more likely his health will be affected...after all, what goes up, must come down! So if the tarp doesn't fully block it eventually he'll get sick from recklessly handling this herbicide! One way or another it'll eventually stop, it's just a matter of time!

I too have a neiighbor that sprays weed killer down the property

line he has sprayed the cracks of his driveway and it ran downhill and killed all the vegtable plants on the side of my house . all i had to do was follow the trail . he also sprayed weed killer on the otherside of my 6 ft fence and killed my rose bushes. he sprayed behind his garage and killed a 10 year old lilac bush of mine . he denies its him . i just caught him again and videoed it . hes on film and he knows it . after i videoed him he just quit spraying

My neighbor sprayed herbacide and admitted it in a text when I asked him because my grapevine was wilting. He did this wothout telling me and I have 2 special needs grandchildren that visit me!! The whole grapevine turned brown and died off. He said he thought it was weeds. This is a lie because it already had large growth of grapes visible. It is law here that you can not spray anything that is rooted in your neighbor's yard. He only had the right to cut whatever was growing over his fence. He has made reference to birds on my property. I think he killed the grapevine to keep birds away . I also agree with sweetmaya above that I believe it is attempted murder. I would never have seen this if I didn't visit this rental property for renovations. And when I am there my grandchildren do visit. I myself love the grapes and always ate them. I will try calling the state dept of agric. thanks for suggestion!

I toi have been living with neighbors from Hell! I have a new neighbor who wanted my 27 year old native Oak pruned or removed & he'd put up a new fence.

I had an arborist come in who removed lower overgrown branches. He did not wish to disturb the natural shape(esp. not top it!). My neighbor wanted it all out or topped. Note: My Oak trunk is 20ft. from fence line. Pruning it on the fence line is ok & lawful, I know & can live with....but he's hired people to cut at dark & theyve been cutting it little by little for 6 months! Ive tried to catch them & can not....they always remove/drag brush they cut(dump it on wild lands of the school property below my house!) jump the fence & hide in a shed on the new neighbor's property! After putting in a camera, calling the county sherif (on a all night attack downing huge limbs on my Oak!)who called me "arrogant & told me Lady it is just a tree!" & Im not waking the neighbors up at thus hour or even in the morning! & Im not writing a police Report either!" So I did not call them back fir months & tried to catch them....No Luck! Their nightly flood lights between our properties create glare & my camera cant pick up the movement & show clear pictures! For a few winter months I let it happen.... felt helpless! As it warmed up, when I was awoken by Ax, saw or thump of a branch falling or dragging of branches down the hill...I get. dressed, I grab my camera, flashlight, comfy chair, warm blanket & I sit outsude my bedroom that is right in front of the Oak & sit there until daylight!!! I hear the new neighbor whisper to his wufe, I hear the people slip away from where they are hiding.In fact, Im certain it is the two young people on fhe other side of me(Ive seen the tools for cutting laying around their yard(Ax, pole saw). When the young grandkids(of a dear older garden loving grandma died🙁)the young grand-kid neighbors moved in....they clobbered down her metal shed in one day & cut down all the Oaks on the property with a chain saw! They set up a marijuana growing area in wine barrels on the shed foundation( I took photos when they were taller than I am!) & brought 2 noisy dogs to the propery: pit bull & alaska husky. They took to spraying Round-Up on my healthy veggie garden & Rose bushes.... They have become bolder since my 2nd & 3rd calls to the sherif's office the last few days(the shelf's deputies finally talked to both neighbors on both sides of me!) It did not help.... They cut & dragged limbs the bext nighf so I called again... this time the deputy only phoned me back lustened & said to get some sleep!

I told her it is not just the Oak anymore. They are always home & watching what I do. They fojnd my outdoor exyra key & wenf into my garage & wrote F.....You in my cars front windsheild & put a 2in. screw into my back tire. I had to call a lick smith & replace all my locks! ....& buy a new tire! The neighbor who wants my Oak down harrasses me in the morning starting @5am by tgrowing bits of wood at my bedrolm wall & roof! He rarely leaves the house & does this throwing all day long.... along with the night cutting & destru tion of my plants. They are now spraying my Fig tree & Native garden as well! Nothing has a chsnce to grow!!!

I am a member if ghd Native Plant Society & member of the local garden club. No one can beleive this Hell I am living!!!

Thsnk you for taking time to share your neighbor HELLs.....It is no FUN!

I had a peaceful 26 years at my lovely home & garden and it is SO SAD good people who love nature & their gardens find themselves with ruthless, nasty neighbors who don't give a darn about anyone but themselves!!!! & it is SAD that good people get bullied and are not protected by law-enforcement! THAT has shocked me more than anything else!!!!