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Old 08-14-2017, 08:02 AM   #1
Tabble3
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Default Damage to neighbor from use of weedkiller?

My neighbor claims that weed killer in our yard "went underground" and is killing his trees.

We are using a standard product from Walmart.
Does the neighbor have any possible valid legal claim against us?
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Old 08-14-2017, 09:52 AM   #2
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Default Re: Damage to neighbor from use of weedkiller?

In this regard if your neighbor makes allegations regarding the weedkiller, he is required to scientifically prove the damages. Hence you are not at risk regarding his allegations.
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Old 08-14-2017, 01:12 PM   #3
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Default Re: Damage to neighbor from use of weedkiller?

Quote:
Originally Posted by Tabble3 View Post

Does the neighbor have any possible valid legal claim against us?
In the abstract the answer to "any possible valid legal claim" can only be yes.

Whether he can be successful in court with it or not depends on whether he can prove it or not.

Meantime it's just hot air and you are free to ignore him or, if you want to get into it, say "Prove it."
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Old 08-14-2017, 07:46 PM   #4
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Default Re: Damage to neighbor from use of weedkiller?

I wish to inform you that you may contact Walmart and the manufacturer regarding the claims of the neighbor. In addition, you may contact a Tree Doctor about the claims made by the neighbor and seek guidance. Thereafter, if needed you may contact an attorney. If the matter goes to Court, the burden will be on your neighbor to prove the claims and allegations made in this matter by the neighbor.

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Old 08-18-2017, 06:36 PM   #5
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Default Re: Damage to neighbor from use of weedkiller?

The burden of proof is on your neighbor. I would not get to excited. He is unlikely to hire anyone and spend the money required to conclusively prove that was their cause of death. that said, stop spraying it near there out of respect and his trees might survive.
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Old 08-29-2017, 02:57 PM   #6
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Default Re: Damage to neighbor from use of weedkiller?

You do have to be careful spraying around trees as it is a lot easier to kill them than you might think. Or at least damage them such that they cannot fully survive. I been through this issue with our homeowners assoc. lawn care firm several times, unfortunately.
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Old 09-26-2017, 05:45 AM   #7
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Default Re: Damage to neighbor from use of weedkiller?

Quote:
Originally Posted by Tabble3 View Post
My neighbor claims that weed killer in our yard "went underground" and is killing his trees.

We are using a standard product from Walmart.
Does the neighbor have any possible valid legal claim against us?
Well it is possible to misuse a "standard" product or to apply too much of it.
So be careful to examine what you really did and how you did it.
And reread the instructions carefully on the labels.

Have an expert gardener visit and review the situation if it all is still a mystery.
And share the results with your neighbor.
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