A photo to prove I don't have some weedy overgrown garden bordering his fence. Its weed fabric'd and mulched. Absolutely ridiculous. THe boys will be so sad that there won't be any peas this year. That's their favorite but unfortunately right where he sprayed.

You may guess my profession when I say this, but, you could sue. Likely you have small claims court where you are (I know NOTHING about the middle of the country!), so you wouldn't even have to hire one of my ilk for it.
You might consider putting up No Trespassing signs as well, to give notice that they're not welcome on your property without your permission.
I feel sad for your kids. Peas are my absolute favourite, too!

Thank you ariel. Trust me. Ive considered it. THe sad thing is, the neighbor who sprayed is a senior environmental engineer with Army Corps of Engineers. Even offered me a job. My bachelors is in environmental studies. I'm starting a masters of community and regional planning in January! Considered getting my juris doctortate. But tough with the boys.

I have looked into the legality and was told i'd have to have video. Which I could have gotten today. But since he didn't ACTUALLY cross onto my property I'd have a much tougher burden of proof.

I just don't understand people. Last year I didn't know it had happened until I saw browning all over. Had already fed my boys things that had likely been sprayed days before. I think spraying someones edibles should be assault. If I poured any of those chemicals in their glass of water or walked intheir house and sprayed inside their fridge? Ya, pretty sure that would be criminal.

Who does the chainlink fence belong to? Could you put something on/in front of it to make it less permeable? Like bamboo matting or something? Even a temporary (summertime) fabric windbreak? Or put up your own solid fence inside it?

Doesn't matter who a neighbor is, they can still be served a no-trespass warrant. First you have to know where your boundaries are (if you don't have clear evidence of the boundaries, like a survey, it can easily devolve into a legal dispute), then post them, then if they trespass again the sheriff has to serve a warrant on them. I had to post in a similar neighbor situation, but I didn't have to proceed to serving the warrant.

Some people simply will not observe other people's rights unless they think there will be repercussions. An unfortunate reality.

Thanks for the pic. I was wondering how so many neighbors can access your yard. With a chainlink fence, I don't even see how dirt is an issue.

And spraying -- yea unfortunately whatever they spray can just waft over to your side, even if they didn't physically come to your yard.

You could put in a wood fence if you like that area but it might change your sun times just a little bit.

Generally, in small claims court, you wouldn't need a video. The rules tend to be a bit more informal.

Whatever you do, I hope this sort of thing never happens to you again. Your neighbours are jerks!

Sounds like vandalism to me... I'm so sorry this is happening to you!

How about a 6 or 7 (or 8?) foot tall wooden privacy fence, plus no trespassing signs. I know, the fence is expensive. But divide it by the number of years you plan to stay there, and maybe the cost will seem worthwhile? For peace of mind, and peas, if nothing else.

I wonder if police, called on the non emergency line, will go with you to speak to the neighbors? So it is obvious that they are not operating in secrecy?

So sorry this has happened.
I hope you find a solution that brings you peace.

Mindy,

I know this sounds simplistic but have you talked to your neighbors about the effect their actions are having on your yard? Some people are clueless about the repercussions of their actions.

Linda

I don't think Robert Frost had to deal with herbicide damage, but he did note "good fences make good neighbors". Of course, before you out up a giant fence, you could try asking the neighbor if he realizes he's killing your vegetable garden and if he does, why is he doing it?

It would help to know if you are renting, or if you own the home. If you own the home then a privacy fence would be a great investment to make. If you are renting then a lot would depend on your land lord.

Also note that you need to keep a way for workers to access the pedistals in the corner of the fence. Also do not plant things that will cover them up.

For the neighbor issues make sure what you grow is well inside your side of the fence. This may mean you will have to make trellises. Try to keep them at least 10 feet inside of the fence. Then if neighbors cross into your yard you will have to deal with that. The ways of doing so vary greatly. I am an advocate of the way that keeps peace when possible.

I have moved twice in my life due to butt head neighbors. I hated moving. The peace afterwards made things a lot better though.

This post was edited by centexan254 on Mon, Apr 21, 14 at 20:50

This makes me sad and angry. I have no clue about the law and will not offer you any advice apart from saying that you shouldn't take this lying down. The neighbours are bullies, and bullies love those who don't fight back.

If you can't put up a fence around your yard, can you make a plastic one around the edges of your raised beds? Posts attached to the outer edge with the plastic attached or posts around the entire outer edge of the garden area with the plastic. Think green house with out a top.

I would use some "friendly neighbor howdy time" and apologize to all the neighbors individually that border your yard that you had to add the plastic and install that game camera (they don't need to know you don't have one) because "someone" is spraying herbicides and killing your veggies and poisoning your children and the police want photographic evidence to proceed...... Bet suddenly a neighbor has a couple of extra weeds. You don't need to point fingers at who is spraying but bet they think about it in the future

Kippy: lol!

Centexan: I rent and the existing garden is from the fence line inward about 6 feet so as I am doing now, moving the entire garden. Putting in a perennial border along that fence as a buffer has been a thought but expensive for a home I rent. The land lords are cheap and the actual homeowner is cheaper. He actually said he will not pay for anything he is not legally obligated to. I've been here 4 yrs and paid 90% of repairs and there was zero landscaping and lots of saplings around the foundation. The neighbors told me the people here before mowed once a month and that was it. Any weeds there are were existing and cut in half easily since I've been here. Funny thing is I said something to a neighbor about someone putting stump killer in the cherry the landlord cut down last year and no one seemed to know who did it, some even went so far as to say "oh ya I don't use chemicals either". Funny.

I've got about half of the beds moved btw. The neighbor nearest them now doesn't spray anything and she's been there for 4 yrs too. Hopefully this will at least prevent direct spraying of plants My ex is also going to come thin out the maple that shades this area in the afternoon so hopefully that will help as well.

I suspect a renter has the same rights to security from trespass as an owner. If the neighbor is friendly with the landlord then you'll probably get no help from them, but you pay rent so you have property rights.

Bad landlord and bad neighbors? Have you considered moving?

Yeah, I'd assumed you were the owner. Could this be a nudge to move -- and buy something???

maybe once you get some yummy things growing, make little gifts and give them to the neighbors - once they're munching on peas or strawberries maybe they won't want to spray poison on them anymore? ;) tactical kindness?

No chance of buying. I'll actually be moving about an hour away in January for my masters program but my mother will keep the house and my 5 yr old so he doesn't have to switch schools. I'm not sure what will happen after grad school, but I WAS enjoying what I have now.

Thanks for all the advice and kind words. Heres hoping that's the last spraying incident this season.

You could always file a complaint with the city to prevent your neighbor from doing it again. Check the city's website, and I bet you'll find a number to call.

Good luck!

-Anne

Wow that is really infuriating. I'm sorry you're having to deal with it. I would be slapping up security cameras (they aren't very expensive) and taking videos to the cops. Then I'd be suing in small claims, including the cost of the cameras.

Hopefully, your next house will provide you with a better group of neighbors.