neighbors have poisoned plant that is on my side of fence

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neighbors have poisoned plant that is on my side of fence

In Portland, Oregon, can our backyard neighbors ( a 54 unit apartment complex) poison my controlled blackberry bush. the bottom of the plant is about 8 inches from the fence and some of the vines do climb threw to the apartments side. Past years the yard crew have just used a weed-eater to remove any wanderers, this year they sprayed a poison killing most all of the bush and some of my grass, a good three feet into my yard. I have cats and two small children, who love to eat the berries.

Asked on June 18, 2009 under Real Estate Law, Oregon

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a neighbor damages another neighbors property it can be an issue of trespass because in this case the pesticides trespassed and damaged your plant and grass. Some of the issues that arise are whether your plant was in fact trespassing on their property and if so it becomes an argument over who is more wrong.

You can definitely make an argument because not only was your yard damaged but the chemicals are a danger to your children and animals. I obviously do not know all the specifics of your problem but would think you have a possible argument for trespass against the neighbor. However before pursing it legally I would suggest speaking to whomever is in charge. Explain your concerns and maybe something can be done to remedy the situation. I suggest this because litigating this matter will possibly end with you prevailing but the damages are on the small side and it may be cost prohibitive.

I would try to simply talk this out with the neighbor and if they refuse to cooperate look into hiring a local attorney. Maybe a phone call from your attorney will get them to cooperate. If not you will have to discuss your options with your attorney and decide how best to proceed. Good luck


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