I think my tree has been poisened, can anyone advise me?

[Jomedova]

We have a fifty year old maple tree that our neighbor has decided he wants taken down. Three months ago we told him to go ahead. He wanted us to pay-which is not in our budget. There is nothing wrong with the tree. He claims it is damaging his basement walls.

The tree in on the property line. He is not willing to pay.

Fast forward to today. We discover that he has drilled at least 10 quarter inch wide, at least six inch deep holes in the bottom of his side of the tree. He has poured some kind of poisen or brush killer in the holes. I don't know when he drilled the holes, I caught him in the act of dumping the poison in them tonight. I certainly don't want a dead tree in my yard. It is a beautiful tree and shades our side yard. We immediately rinsed the holes, but I'm afraid the damage may already be done.

Can anyone tell me if there's anything else we can do?

Thank you.

 

[2muchstuff]

1st thing call the police and report so there is a record. He has vandalized your property to say the least.

If the tree dies he will be resposible to pay you for the value of the tree plus the cost of removal if it dies.


The value of the tree , thats a tough one. I had to bid the value of a huge elm for someones insurance once and it is pretty much open.

 

[huggybear]

Honestly,

You going to need the name of a GOOD attorney in your area, because if the tree were to die your going to need it, really. And find the name of a consulting arborist in your area... your going to need him too ASAP because he/she should be able to tell you the approximate value of the tree, dollars wise.

But you did about all you could at this time by flushing out the holes.

Hopefully it doesn't get ugly, but it might.

Good Luck

 

[J.Walker]

Neighbor problems

I would file a police report too.
In court he may have to pay triple damages.
Some neighbor you have there!

 

[Jomedova]

Thank you all for your quick responses.

We did contact the police. They filled out a report and it will be forwarded to the county prosecutor.
We did consult an attorney when the problem began and he told us that he could do what he wished on his property, but COULD NOT kill the tree. We sent neighbor a certified letter telling him he could trim branches or roots over his property, but we wouldn't be taking the tree out.

Neighbor told police he was just doing what my husband told him to do! We did not tell him to kill our tree!

I am looking for an arborist in our area to call tomorrow. We will be contacting our attorney again tomorrow. I guess we can't do anything other than wait right now. I am completely floored that someone would do something like this.

Thanks again for your responses.

 

[kevinj]

Take pictures !!! :camera:

Make sure you take pictures of any evidence.
Very important if it goes to court.

 

[Jomedova]

We did take pics, my husband also swabbed the holes with a q-tip.
Don't know if it will do any good, but at least we have proof.

 

[ropensaddle]

Man it is so nice not to have close neighbors I live in the middle
of forty acres and don't miss one thing about city living.
The problem is going to be ongoing is all I can tell you
sue him he will look for a reason to sue you and the vicious
cycle of battle unfolds. I really don't have patience for that bs
anymore and could not be in your situation long without going
to fist city and opening a can of whopazz. I hope it works out
for you, your a better man than I if you can work it out I am a
utter failure in those situations. I have to watch out for trespassers
thief's but so far just a couple of four wheelers that I chased on
foot with my bow in hand and yelling stop ,they shagged azz and never
came back!

 

[treeseer]

Good advice so far. treeandneighborlaw.com is a site started by an ohio lawyer victor merullo who wrote the book on this. If you can post a picture(s) we can help more. If you caught him redhanded that should make a good case.

Silly thing is, roots can be pruned near foundations to avoid any perceived risk of damage. Poisoning was totally unnecessary.

 

[NEK VT]

SHOOT him

If he steps one inch over the line at night to do somthing to the tree.. he is tresspassing... (If sombody were to tress pass on my land) i would fear for my live and the only rational thing to do would be to shoot him....

this is why i don't want neighbors neer by too... man that pisses me off hearing sombody would do that.. methos two... buy a shop manual for his car .. that way you know where his oild light is.... ground out the light so it will not come on... and drain his oild at night when he is asleep.... a cooked moter teaches a fine lesson

 

[Canyon Angler]

We have a fifty year old maple tree that our neighbor has decided he wants taken down. Three months ago we told him to go ahead.

Don't mean to play Devil's Advocate, but if you gave the guy permission to cut down the tree, it doesn't seem like you can gripe about him killing it (first) ... either way, the tree ends up dead.

 

[SilentElk]

Don't mean to play Devil's Advocate, but if you gave the guy permission to cut down the tree, it doesn't seem like you can gripe about him killing it (first) ... either way, the tree ends up dead.

The difference lies in the fact they cant afford or are unwilling to pay to have it removed but gave him permission at his expense to remove it. However if the tree dies then they will be stuck removing it attheir cost.

 

[stumpjumper83]

I really would be a shame if the tree is question rotted suddenly and fell on his house after the bas**** poisoned it. What would he do then, I'm sure the insurance company would be gald to know that he sabotaged it.

 

[aarcuda]

Don't mean to play Devil's Advocate, but if you gave the guy permission to cut down the tree, it doesn't seem like you can gripe about him killing it (first) ... either way, the tree ends up dead.

wrong. the neighbor killing the tree means the homeowner now HAS TO CUT IT DOWN or else be responsible for a know hazard (a dead tree)

The homeowner said the neighbor could cut it down AT HIS OWN EXPENSE. not kill it and pass the removal expense ack across the fence.

 

[naughty62]

Police report.Then go to the county extension office a find out the name of the local pesticides inspectors . File a complaint with him.He will know the best lab to analyze your swab . If your neighbor has applied a restricted chemical or a has not followed the label , they in violation of state and federal law.Then sit down and write a letter to the editor of a local newspaper. Do not forget to sign it.If your are the only witness .it could be hard to prove and leave liable to slander.

 

[Kneejerk Bombas]

I don't know about Ohio, but in WI, if someone trespasses and damages a tree, they are liable for 3 times the value of the damages.
Trees can easily be worth thousands of dollars; multiply that by 3 and he has just screwed himself.

Could you post a picture or two of the situation?

 

[neighborstree]

well you did the first step with contacting the police. taking pictures and even going to the measure of swabbing the holes.

the next immediate step i would take would be to get a certified arborest out to look at the tree and to value it . the replacment cost of a 50+ foot maple could easly be over 30,000. its not like you can call anyone to come dig a hole with a shovel and just stick a new tree in the ground.

then i would file civil action agenst the neighbor and press the police to take criminal action agenst him also. distroying a tree is no diferent then your neighbor throwing rocks through the windows of your cars. its property damage any way you look at it.

please keep us notified what happens