Chemical spraying liability

southernman13

Senior Member
Neighbor had his land sprayed and planted. There's a row of mature white oaks, red oaks etc separating our property's. When they sprayed his it killed many of these old as well as young oaks. Some could be mine some how some go either way. I'm really upset about it. I had even contacted the company doing the spraying and asked they leave a buffer so as not for kill these trees. I'm not sure when they sprayed so I may have been to late. Either way the damage is done. Who's responsible and is there any recourse. Probably not but it really angers me that there's no respect for other people's property
 

Mudfeather

Senior Member
I would like to know what you may find out. I know a property line runs up also...so he would have the right to get rid of anything that overhung on to his property...I suspect there will be nothing you can do...For instance...It is illegal to have your pivot irrigation spray water onto land you dont own but it is done everywhere and there is no recourse. Ride a motorcycle in the country if you wonder why this is relevant..lol
 

Para Bellum

Mouth For War
I would like to know what you may find out. I know a property line runs up also...so he would have the right to get rid of anything that overhung on to his property...I suspect there will be nothing you can do...For instance...It is illegal to have your pivot irrigation spray water onto land you dont own but it is done everywhere and there is no recourse. Ride a motorcycle in the country if you wonder why this is relevant..lol

Every other tree on a line in GA belong to you and the rest belong to your neighbor and there is plenty that can be done. Triple stumpage will likely be awarded for the timber that was killed.
 

doomtrpr_z71

Senior Member
The applicator would be liable, the tests to prove it will not be cheap, its $100 per sample per herbicide chemistry.
 

Para Bellum

Mouth For War
The applicator would be liable, the tests to prove it will not be cheap, its $100 per sample per herbicide chemistry.

I have won two cases of this throughout the years with nothing more than my professional opinion as testimony along with that of a GFC forester and a few pics. No tests conducted.
 

doomtrpr_z71

Senior Member
If the company lawyers up since they are the responsible party, residue testing will most likely be done anyway. I doubt just pictures will be sufficient if they have adequate representation. However, the responsibility of the establishment of buffer zones on the property line may be shared by both landowner and the spray company.
 
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