My trees were poisoned, need help

[TpcMn]

I recently discovered several drilled holes in my eucalyptus trees with liquid draining out. They are now dying and recently I have had two fall on my property. I am curious if there are any laws against this? My trees could have killed my kids or landed on my home. There is history with this situation. I live in the country, neighbor has orchard around my property on two sides.The trees were planted on the property line by previous owners. I have rented for 19 years and just bought the house a few months ago. I have been working on getting it repaired and cleaned up. When his orchard was pulled out, he was offered the opportunity to push the trees over but refused due to liability. I have a bid of 7,000 to remove the trees and have been saving up, but now he is poisoning them. Is he liable to remove the trees he has poisoned how do I prove it? Video is useless because it is done already.

 

[old CB]

Sad situation, but without conclusive evidence regarding someone poisoning your trees, your suspicions prove nothing. It does appear that someone drilled holes, and you might take a tissue sample to a lab to find a toxin. But how you could prove any individual is responsible would be a tough challenge.

 

[TpcMn]

Thank you, I am going to put up a camera and schedule trees to be removed. Sad that my kids lives were put at risk.

 

[lone wolf]

Sad situation, but without conclusive evidence regarding someone poisoning your trees, your suspicions prove nothing. It does appear that someone drilled holes, and you might take a tissue sample to a lab to find a toxin. But how you could prove any individual is responsible would be a tough challenge.

Who ever has a view blocked by the trees would be the first suspect.

 

[capetrees]

Keep the live trees alive, keep the cameras up, and a lot of them, spread the word that you actually like the trees and plan to keep the living ones and are going to plant more.

That'll bring out the idiot that poisoned them to try to get the remaining trees and then you'll get him on camera.

 

[TpcMn]

Who ever has a view blocked by the trees would be the first suspect.

Certified arborist came out and confirmed man made holes and herbicide as the poison. He could smell and see the effect on the tree foliage. We had samples taken and sent to lab. Curiously the owner of the property on the other side of the trees has denied making the holes but offered to pay to remove any trees with holes. I guess he is scared because we are getting testing done. I told him if it comes back as a chemical that he uses in his orchard, I would press charges. This is when he offered to pay. Him paying for the removal solves the safety issue, but I am still pissed that he didn't care if they fell on my house or kids.

 

[ATH]

Just food for thought...

If you press charges, you may have a hard time getting anybody to care enough to prosecute. If they pursue prosecution (doubtful...), how can it be proven that he caused the damage? Anybody can buy the chemicals.

If you feel you lost value in the trees and want to pursue that value, the burden of proof is less (in most states) than for criminal prosecution, but still there. How would you prove he did it?

Maybe, if you are OK with the trees being gone, you just approach him with: "I'm willing to let this go if you pay for the removal of the trees, grinding of the stumps, and reseeding of the grass. I am NOT happy about the fact these trees were killed in a way that threatened my house and family, but we just need to get them down now. This would have been much better if you had offered to take the trees before killing them. I don't want trouble or headaches, so just get the trees down and it is over."

Or pursue legal action - one thing I know there is the lawyers will win, so there is that.

 

[square1]

Anybody can buy the chemicals.

Many chemicals require the purchaser / applicator be State certified. Suppliers record and submit records of who, when, what, & how much for each sale of those chemicals. Applicators need to account for the same, plus where, when used.

If the chemical used to kill the trees is identified and is a regulated product, the neighboring orchards purchase records could provide some insight.

To the OP, bluffing legal action may work, especially if the guy did it!. Taking legal action will likely cost you far more than the $7k estimate to remove the trees and if you aren't successful in court, you will still have to deal with the trees.
Best wishes

 

[lone wolf]

Certified arborist came out and confirmed man made holes and herbicide as the poison. He could smell and see the effect on the tree foliage. We had samples taken and sent to lab. Curiously the owner of the property on the other side of the trees has denied making the holes but offered to pay to remove any trees with holes. I guess he is scared because we are getting testing done. I told him if it comes back as a chemical that he uses in his orchard, I would press charges. This is when he offered to pay. Him paying for the removal solves the safety issue, but I am still pissed that he didn't care if they fell on my house or kids.

Next try to get him on video or text saying as much as you can get out of the idiot .

 

[holeycow]

The trees are probably blocking sunshine to the orchard. Imo It's not about view, it's about revenue..

 

[ATpro]

Probably Glyphosate, no permit needed. We used it all the time in this way in forest management when removing undesirable trees.

 

[capetrees]

Certified arborist came out and confirmed man made holes and herbicide as the poison. He could smell and see the effect on the tree foliage. We had samples taken and sent to lab. Curiously the owner of the property on the other side of the trees has denied making the holes but offered to pay to remove any trees with holes. I guess he is scared because we are getting testing done. I told him if it comes back as a chemical that he uses in his orchard, I would press charges. This is when he offered to pay. Him paying for the removal solves the safety issue, but I am still pissed that he didn't care if they fell on my house or kids.

right there is an indirect admission of guilt. "Someone" drilled and killed the trees, you're doing testing to find out what it was that killed them, and he offers to take them down at his cost????? NOBODY does that unless their guilty of the crime.

If my trees died and I mentioned that I'm having tests done to check the chemical and if my neighbor, who in no way had anything to do with it, offered to pay for the trees to be removed would send up red flags all over the place trying to figure who he's covering for.

 

[ATpro]

There are 2 other herbicide that could have been used, arsenal and tordon herbicide, we used both also. Arsenal and Tordon herbicide attack the roots and can migrate through the soil and kill other trees around, any broadleaf trees can be killed by arsenal, tordon will kill everything. Both will take about two years before the affects wear off in the soil.

 

[TpcMn]

There are 2 other herbicide that could have been used, arsenal and tordon herbicide, we used both also. Arsenal and Tordon herbicide attack the roots and can migrate through the soil and kill other trees around, any broadleaf trees can be killed by arsenal, tordon will kill everything. Both will take about two years before the affects wear off in the soil.

Thank you and the county ag department just came out and took samples of the poison. They are not happy either. I am hoping the owner that offered to pay for the damaged trees follows through. I will remove the others and end the problem. If he refuses, I will file a police report. Thank you everyone for the information. I will update when I have resolution. Most importantly, I want to live in peace with my neighbor and not be on guard for future problems or retaliation.

 

[CacaoBoy]

The trees were planted on the property line by previous owners.

By "on the property line" do you mean "on the property line" or "near the property line" but on your side of the line, or near the line but on the neighbor's side? Has the property line in the vicinity of the trees been confirmed by a surveyor? By "owners" do you mean owners of the property you bought, or were they planted by agreement of the owners of both properties on what the owners agreed to be the property line? If so, do you have evidence of such agreement? Determining actual owership of the trees would be an essential first step in determining your rights and remedies.

Next try to get him on video or text saying as much as you can get out of the idiot .

Be careful about recording any conversations unless "the idiot" knows he is being recorded. I understand that California is a 2 party consent state, meaning that both parties to a conversation must agree to any recording of it. There are exceptions to the law, do some research or consult an attorney before recording any conversation.

 

[TpcMn]

By "on the property line" do you mean "on the property line" or "near the property line" but on your side of the line, or near the line but on the neighbor's side? Has the property line in the vicinity of the trees been confirmed by a surveyor? By "owners" do you mean owners of the property you bought, or were they planted by agreement of the owners of both properties on what the owners agreed to be the property line? If so, do you have evidence of such agreement? Determining actual owership of the trees would be an essential first step in determining your rights and remedies.

Be careful about recording any conversations unless "the idiot" knows he is being recorded. I understand that California is a 2 party consent state, meaning that both parties to a conversation must agree to any recording of it. There are exceptions to the law, do some research or consult an attorney before recording any conversation.

The trees were planted by the previous owners of my property. I have stated in writing that the trees are mine and I would be liable if they fell. Due to him offering to pay for the trees removal, I am not inclined to press charges and go the legal route. I want to find a peaceful resolution. In the event he declines to pay, I will seek damages and press charges. He has a peach orchard and if the herbicide is one that he purchased through his license, It would add weight to the case. I have years of discussions where we as renters offered several solutions including paying half to get the trees removed. Personally, I like the shade and wind protection for my house and property. I was willing to forgo that for his benefit, but he refused to help pay.

 

[ATH]

Many chemicals require the purchaser / applicator be State certified.
Suppliers record and submit records of who, when, what, & how much for each sale of those chemicals. Applicators need to account for the same, plus where, when used.

If the chemical used to kill the trees is identified and is a regulated product, the neighboring orchards purchase records could provide some insight.
....

Some do, many, many, many more do not (especially in smaller quantities). And even those that do can often be found online without a license.

Here's guessing an orchard doesn't buy heavy doses of tree-killing herbicides. Certainly some to maintain fencerows, etc, but Tordon, Garlon/Pathfinder, Glyphosate, Arsenal, Crossbow, etc readily available and not restricted use (in most States, all bets off in CA!)

Even if he has record of purchasing it, probably not hard to produce application records accounting for its use on the farm.

Short of the neighbor admitting to doing it, I don't see how the OP wins in court, so glad the neighbor is cooperating!

 

[ElevatorGuy]

Probably Glyphosate, no permit needed. We used it all the time in this way in forest management when removing undesirable trees.

Why do you need to kill the tree for removal?

 

[buzz sawyer]

Why do you need to kill the tree for removal?

Some trees (Ailanthus for one) will spread through the root system if simply cut down. You have to kill the tree first to prevent spreading.

 

[capetrees]

Some trees (Ailanthus for one) will spread through the root system if simply cut down. You have to kill the tree first to prevent spreading.

And black locust

(can I say that or has that name been banned???)