My neighbor is tossing salt to kill my trees, is this legal?

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SoSucculent

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Ohio
I ask my neighbor why he is killing my trees with rock salt and he stated he can do anything he wants on his property.
I said would it be OK to due the same to you? Of course he stated bllalalblblal you can do whatever
on your property.
Well I planted a privacy fence of trees so to block him spying in me while I work in the fields of my lavender farm.
Here is the link of photos.... I am taking more today.
https://picasaweb.google.com/theblossomfarm/WhyIsMyNeighborThowingRocksaltOnMyTrees#
:angry:
Any suggestions?
 
Your neighbor looks to be a real jerk..
Is he upset because the shrubs are encroaching onto his property
why is he trying to kill them ? did he say?
 
Sounds like its time to determine what fence you can build legally and do that with the ugliest materials imaginable facing his place and rude messages painted on it. Rusty old steel sheets, or multiple colours etc.

Then plant invasive bamboo on the fence line (if you are really evil)

And another screen of trees well inside the property line.
 
If it were overly brazen me I would try to catch a cell video of him or her in the act then threaten to plant bamboo or call the cops.

Mature thing is to try to work with the jerk you may have to live next to for the next decade.

Sometimes I guess an example must be made though.
 
If you don't own a dog now is the time to get one. It will help keep the nieghbor away from the fence and plantings.
 
I would second the idea of trying to work things out, if he is not willing to talk then plant another row 3-4 feet on your property line. I think this would be a good first course of action and would really help to build a case for court, document all costs involved.
 
He may be allowed to salt his own property but where does the salt leave his property when the rain water runs across his lines and it must at some point. Here the Department of Environmental Management has a heavy hand against contamination and pollution. Excavation of the affected area and cleansing is extremely expensive. I don't know at what level salt fits in. It could very well remove the smile from your neighbor's face.
 
not legal at all

What your neighbor is doing is quite illegal. Get a lawyer, sue for an injunction to stop the behavior, and damages for anything he has killed. Most states have a statutory penalty that can double or triple damages for deliberately destroying another party's trees. Such a statute may or may not apply in your specific case, but, nonetheless, get thee to an attorney and sue the jerk.
 
I've never understood the idea of planting trees on a property line
and this is just one good reason why not to.

But why is there a problem with your neighbor seeing you work?
(is ya a nudist or somthin' ?)
 
Get the biggest leaf blower you can and blow it all into his yard. That might change his mind. Rock salt blows like sand. Just tell him you were having trouble with dust steeling on the bushes.
 
reason

Both our land is 200 feet wide by 1/2 mile long. I think it is because it is encroaching on his property. It is the upright variety of willow. On the back of my greenhouse I put the trees for privacy since he does have the creep factor. I am trying to handle this in a mature way.... I ask him if I put salt on his trees that line the proberty line in front of the greenhouse if it would be OK.... He just said, you can do anything you want to do on your land. He is such a jerk..... he thinks he is an old farmer..... I was I if I could file a police report? I thought I called last year.... and they told me no. ERRRRRR!
But thanks for all your suggestions.
 
...I think it is because it is encroaching on his property...

your plants are encroaching on his property? yall got some serious talking to do. you shouldn't have to negotiate whether you can plant on your property but you also shouldn't plant something thats gonna encroach. move your plants back from the line a few feet. get him to agree to quit salting until you can do it when they're dormant. take a shop vac and suck the crystals up before they break down. c'mon. don't get embroiled in one of those deals. still a good idea to let the authorities handle the legalities if he is not amenable. letters on a law firm letter head can do wonders in getting people to stop and reflect.
course, some people are just jerks and can't be reasoned with. i used to have a neighbor that went out of his way to be obnoxious. i prolly woulda ended up in some type of physical altercation with him except i lost my job and hadda move. that solved that.
 
If you don't own a dog now is the time to get one. It will help keep the nieghbor away from the fence and plantings.

Be careful with this...I agree dogs help to keep people away, but it sounds like this nutcase would be the type to throw something over the fence (poison) to hurt the dog. I have had issues with my neighbor being a real a$$ for no reason, just a loose wire type of guy and always worried about my two dogs. Luckily, nothing has ever happened and about a year and a half ago after we had a tornado come through I checked on his wife and propped up his downed fence. Since then he has been civilized, but his yard is a disgrace, tall grass, etc. I just keep my distance, wave at the most, but don't talk to the guy unless he approaches me with something (which is very rare).

You should call the cops or get a lawyer so that it is documented and this can be tracked back that there are issues with this guy especially if something else should occur down the line to your property. Some people just cannot be talked to and it’s not worth your frustration to try with someone who won’t cooperate.
 
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I'm with Jerryc on this one.
You guys are in a mental pissing contest now
and anything you do
needs to be *permanently* confined to your own property.

trouble is, the mental stuff rarely works out well (as I figure your learning)
whoever cut the lots up so narrowly and sold them like that shouldn't have done that,
but it's done now and you own one.

I'm afraid anything like even a privacy fence will likely be taken as a shot at him now.
can you find any way to get along with the guy? common ground interests ?
it really is your best "weapon" in things.

But as already mentioned some times you just won't be able to mesh with someone
and your efforts are going to have to be as non-migrating.
but this is getting into the "view" category (from both sides of the line) and that's pretty subjective,
and you see how that set things off...
 
If you were in Texas I'd say just return his rock salt from a 12 gauge.... just kidding.... well, not really.

Seriously though, I think we've all seen these neighbor disputes and they never end well. And, honestly, I'd be pissed if my neighbor planted a hedge that was gonna encroach my property on a lot that narrow, too. Not excusing what he did, but I kinda see his side of it too.
 
Disclaimer: although I'm a lawyer, I'm not licensed to practice law in your state, so consider the following to be worth exactly what you paid for it. Talk to a lawyer licensed in your state, because you have rights to protect. If you don't want to get involved with a lawyer, then avail yourself of your local small claims court - everyone has a right to represent themselves in court, and small claims is structured to get relief, quickly, and often without the need of a lawyer.

Here's a general rule of thumb: you can usually do just about whatever you want within the bounds of the law on your own land, unless something you are doing unreasonably interferes with or damages someone else's land.

When you say the trees are encroaching on his property, how so? Are we talking overhanging branches? Are the plants existing on the boundary so that the trunk/stem is sits approximately on the boundary line? Or, are the plants entirely on the neighbor's property?

Most states have specific rules that apply to "boundary trees" - and that usually translates to the trees being treated sort of like a fence. Each party may reasonably maintain their respective side of the boundary - which can include pruning, but not so much so that the tree/plant is harmed or destroyed, and removal if the plant dies or poses a risk to life or property.

Trees and plants rooted in the earth are generally considered part of realty, and harming those trees is a trespass. Try to get your local law enforcement to do a police report or cite the neighbor for whatever is applicable under your state's statutes and/or local ordinances. Call your local state's attorney's office and your local city attorney, too. Trespass citations will likely be handled on the municipal level with the citation issued by the municipal police authority (local police if incorporated or if your jurisdiction is under a cooperative policing agreement, or the county sheriff), and will likely be prosecuted by the municipal court (which would mean the local muny's city attorney or appointed muny prosecutor. Calling the city clerk should get you a name to talk to).

Anyway, depending on your local ordinances and state statutes, this could be called a number of things: criminal/misdemeanor trespass, vandalism, destruction of property, etc., come to mind.

The bottom line? Raise hell with the authorities until they do something. The law tends to frown on self help, so don't start retaliating or you'll get cited and/or sued as well.

Oh, and, like I mentioned earlier. Go talk to a local lawyer with a background in real property and boundary disputes. Get that attorney to get a lawsuit on file.

Were it me, I'd be filing for a temporary restraining order (most immediate type of relief a court can grant, and has force of law if granted to stop a behavior for a limited period of time until a court can better analyze the situation. Hard to obtain because these are usually done ex-parte, and typical judges are wary of granting orders without having all parties concerned present), a preliminary injunction (like a T.R.O., but will be granted after the other party has been served with notice of a court hearing, and a hearing on the record to determine whether to grant the injunction. The injunction, if granted, makes a party do or not do something until the larger underlying question in the lawsuit is determined), and a permanent injunction, which is a permanent order of the court that a party do or not do something, which is to be entered if a plaintiff wins their case on the merits. Violate an injunction or TRO and get fined and/or go to jail along with paying whatever damages are found to be caused. In addition to all of the above, if a tree dies, I'd be suing for the value of the damage. If the trees are damaged, stunted, etc., that has a value too, and the neighbor will owe you that amount.

Trees are expensive, and the wrongful deforestation statutes make them even more valuable. My states don't authorize recovery of attorney's fees in a wrongful deforestation action, but yours might.

Go and raise hell with the local authorities, and talk to a lawyer.
 

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