Neighbor killed my trees.Can he do that?

Question

A fence line runs along the property line.To"clean up",those are his words,the fence line he sprayed an herbicide along the fence.He never asked us to trim the tree's or let us know there was an issue at all with the trees.He runs cattle on that land so does not spend a lot of time there.He not only killed the trees on his property and along the fence line(the bases of the trees are on my side of fence) he killed trees that are at least 2 foot off the fence on my side.Can he do that legally?Also are there any laws about fence lines in Texas?I cannot find them.Thanks !!!!!!!

Answer 1

Assess the cost. Make a concerted attempt to communicate with your neighbor about the issue/cost. If it's less than $7,500 and take him/her to small claims court.

Answer 2

No he can not kill your trees. It is on your property and him destroying your property is against the law.

Answer 3

From Texas lawyer.  He damaged your property so sue him in small claims court which is J.P. Court.  It's cheap, fast and lawyers are not welcome.  Sue him for what it will cost to replace the tree with one of similar height and girth.  Get a written quote from a nursery and use it as evidence.  Also, take photos.

Answer 4

Pesticide Classifications

General-use – can be purchased and used by the general public. Does not require a license to distribute or use.

Restricted-use – for purchase and use only by certified pesticide applicators or persons under their direct supervision. Designation is placed on the product by EPA. The label will state restricted-use.

State-limited-use or Regulated Herbicides – pesticides containing certain active ingredients, with the potential to cause adverse effects to nontargeted vegetation even when used according to direction. Classified as SLU when distributed in containers larger than one quart liquid or 2 pounds dry or solid. Important Numbers

Texas State Poison Center 1-800-764-7661

(1-800-POISON1)

National Pesticide Information Center

1-800-858-7378

Answer 5

You should probably look by county for property laws. I live in Texas, too.

http://www.weblocator.com/attorney/tx/la...

http://tlo2.tlc.state.tx.us/statutes/ind...

http://tlo2.tlc.state.tx.us/statutes/pr....

Check these out and see if they help.