Owner of Property Spraying Poison

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Owner of Property Spraying Poison

The man who owns the property behind me sprayed my blackberry bushes with some sort of poison. He climbed a ladder and leaned over a 6 foot privacy fence to do it. Is that legal? He also trimmed some limbs and vines that grow in my yard but were hanging over his property line. I had no problem with that at all. The problem I have is that he threw the debris over into my backyard.

Asked on April 16, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he is not allowed to spray poison on your plants or throw debris into your yard; he may trim overhanging limbs and vines, however. The problem is, there is no way to enforce your rights other than by suing him; and in a lawsuit, you can only get the actual costs you incurred (e.g. if you hired someone to clean up the debris thrown into your yard) or damage suffered (e.g. he killed one or more of your bushes, the economic value of that bush). It may well be that a lawsuit is not cost-effective for what he did--you may get back much less than the cost of the suit and/or value of the time you put into it.


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