I think if you check you will find it is illegal to direct drainage water onto adjoining property.

Japanese maple cultivars rather often die or die back suddenly for reasons other than herbicide spray drift. If you look around a bit you are liable to see multiple posts from people wondering why their Japanese maple is dying back, didn't leaf out etc.

One of the things these are sensitive to is impeded drainage. Perhaps your tree was killed by the water problems you've mentioned.

I didn't know that, I will check into it. The tree however, is planted away from the water drainage area. Thanks for the infro.

Altering drainage patterns that adversely affect your neighbor's property is quite a common cause for lawsuits in Kansas. Granted it's often on farmland and less common with home lots, but still it is illegal to alter drainage patterns without approval in Kansas.

I don't want to sue but I will ask her to turn the downspout before she moves.

I have no doubt that your neighbor may have been a little trigger happy on the weed killer bottle. This could be the cause for your plants/trees ill health this spring, especially if it's been windy. There are laws, too, aren't there? preventing others from spraying chemicals on your property. Don't be too glad she's moving, at least you know what you have with her, but the new neighbor may be worse.

I thought about that and I have had a couple of bad neighbors. The first one took a lawnmower to my red twig dogwood that I gotten the year before. The moron had been drinking. The plant survive and came back with a vengeance. However, the brainless wonder has cost me more in dead plants and headaches. She's a nice lady but she's becoming a little expensive to have around.

I personally would not be able to continue to put up with that kind of nonsense without getting the law involved, especially when it involves expense, continuously. How is it that you are going to be sure that she fixes that drainage issue before she moves? and if she does not, then what? Unresolved conflict, now with the new neighbor? And is there a way to PROVE that the drainage was altered if it is not undone before she moves? I have had problems with neighbors, fortunately, they have mostly all moved.... I got the law involved... called the police I don't know how many times. Some people just don't belong in town living in close quarters... wait, maybe that is me lol.
I hope you finally get someone nice and thoughtful there.

I hate getting the law involved but she is refusing to take responsibility for her actions. She truly is a brainless wonder, she has no idea just how mad I am. She says that I should it off as a lost since I've been able to get so many plants for free. For free, I trade with others to get some of the plants I have and the rest I grew from seed or bulbs. Since I was laid off last year, I don't have the finance to buy another one. When I got the current one, about 5 years ago, I had just started a new job and the nursery I frequent was having 25% sell. The nursery owner gave a great deal because everyone was going for big ones. This tree was perfect for the space I wanted to put it.
Not sure what I'm going to do now and she's even refuse to put downspout back to its original position. She says that the way it was when she moved there. But I know that its wasn't because I was here a year or two before she was.

Sadly, I don't have any old pictures showing the back of her house. The only thing I think of is to take pictures showing the direction that the water is taking.

Oh well, I need to calm down and come up with a civil way of handling this.

I don't mean to get you riled up, but it is obvious that she has no respect. And why should you have to explain where, how, from whom you got your property... its yours, PERIOD. That is disrespectful. I would call a city office and see what they have to say to you about this. (just call and talk to someone, that's all for now if you are not comfortable with it yet--but according to what someone above said, you have laws about this in Kansas... she is leaving, not coming, so why try to maintain some sort of fake good relationship with this person ... sounds like the only one benefiting from the phoniness is her) There may be a citation in order... or a warning until she complies. If she is moving, and she knows that she changed things, I really think that now is the time to deal with the issue. How are you going to prove this later.
Do you really want to live with her doings after she is gone? And it sounds like she is not the one stressed out, you are, about this whole thing. So, give her the one two, within your rights. I called around to the city before I felt more comfortable, and more sick and tired of the problems I was being dealt. I even had to call my ex to get advise, and a stiffer upper chin. But it worked, not immediately, but it worked. And they live down the street and visit next door... and I do not care if they give me ugly looks or what have you... it is my land... I pay for it every day I wake up and have to go to work, rather than stay at home and garden all day. It's mine, and if someone is allowed to disrespect you, they will I think. So show yourself some respect, and call around and get some answers.

Actually, I'm more upset about the tree more then anything else. I talk to a friend and took some pictures showing the drainspout is facing the correct way but the elbow and drain tray is facing toward me. She is going to come in a couple of days to see the problem. She knows more about this stuff then me. But in the meantime I think I will call the city office to get more information. Thank you, this has been quite helpful.

That would be a first. Neighbor killed because tree died.

Maybe a pet, maybe a relative, maybe a kid...but a tree?

LOL Relax my man...if she's not willing to cooperate then first see if a lawsuit would help (need plenty of hardcore proof she did it) and if lawsuit is not the answer go around her house with round-up and smile while you're spraying. 4th of July is coming...light some M-80's near her house..maybe her paintings will fall off the walls.

LOL, no if they is civil way to handle this, that's what I rather do. Besides, she is moving in less then a month so that does help ease a little of the pain. I'm not a sue happy person, I didn't take pictures of the damage to Hakuro Nishiki willow and by the time I figure out what happen with azalea, the flowers were already gone. I stupidly believe she would do right thing.

Besides, my trees are my pets. They are living, breathing(in a way) creations, they eat, grow, get hurt and die. I can't have animals because I'm allergic to them so to me this is the next best time.

I don't have any expert advice for you, but I just wanted to say I feel really bad for you. I can just imagine her spraying the Roundup like she was putting out a fire. Roundup and weeds are all she knows. I love my trees. I've lived with them for many years and have an emotional attachment to them.

As far as dealing with her - find out what the laws are first. Then read her the riot act, calmly but assertively, and tell her what the law requires. (Maybe give her a photocopy or a phone number to call if she has questions.) Give her a deadline to make the corrections, and tell her you will take further action with an impartial third party if she does not do so. If she makes any remarks other than "I'll take care of it immediately!" then just tell her clearly that she does not understand how serious a matter this is, and that her actions are a clear-cut violation of your property rights. The longer she ignores it, and the condition of your property continues to deteriorates, the more difficult it will be for her to resolve financially. If she gives you a hard time, tell her that her attitude is unacceptable, and forces you to put the matter into the hands of a third party immediately. And follow through, of course. This approach has worked for me, and I have never had to take legal recourse, because my no-nonsense attitude gets their attention. It is also civil discourse, and there have never been left over bad feelings.

Good that she is moving, but you need to think and quickly if you want her to correct the damage that has been done, that you can at this point document, before she is gone and can ignore you.

Good luck. Stick up for your trees!

You want to hear something funny. I had an early meeting and would you believe there was a lawyer there. Anyway, I asked her some questions and told her my situation with drainage not the tree. I knew wasn't a lawyer in the area I needed, but maybe she could point me in the right direction. She is suppose to back to me in few days. In the meantime, I'm off to the library to see what I can find on this drainage issue.

I was speaking to my insurance friend this morning. He said I should have asked her not only to replace the tree but extra for the five years I had invested in its care. I never even thought of that. But really, I would like an apology for her disrespect for her heartless over the loss of my tree and to replace it. We will see what happens over the next few days.

Not that I'm insisting that there must have always been another cause for the problems with each plant but note also that the all-white leaves of 'Hakuro-nishiki' are prone to sunburn. If only these parts turned brown it is not likely to have been due to the spray drift.

Seems like there would be a problem trying to get damages from her because of the lack of concrete proof that your losses were caused by her spraying. If the gaura and others developed typical glyphosate damage after she sprayed then that is pretty obvious, having a Japanese maple cultivar up and die is not so unusual and so clearly due to herbicide applications in this instance. You are assuming that was the cause, but can you prove it?

Even with the people behind me who have reached over the fence and cut my shrubs, thrown the material onto my side I have felt I might have to set up security cameras and film them in the act before I would be able to prove it to a third party's satisfaction.

However, at least one of them has admitted doing it to another member of the household here. Prior to this they were argumentative when approached (by me), and subsequently one of them even asked me to adjust the angle of our security light (which is about 100' from their house).

The thing you always have to deal with is that other people always think they have an entitlement to what they are doing, or are protecting a principal or even an ethic when messing with you or your stuff.

bboy, you right about the Hakuro Nishiki being prone sunburn. However, unless mother nature for some strange reason had the sun shine on just that area for that amount of sunburn on the leaves but the branches. Then the laws of physic and nature just went out the window. There is also the fact that when I confronted her about spraying the weed killer, she admitted it.

I was at the library today and found this great book called Neighbor Law Fences, Trees, Boundaries & Noise by Attorneys Cora Jordan & Emily Doskow. It was a great start to what I needed to do. I contacted the city offices and sent an email, I hope to the correct person. I included a picture taken June or July 07, showing the drownspout in the original position and picture of how it was changed to face me and a picture of some of the erosion that it has caused. I have no idea if anything will come of it but maybe I get at least issue resolved.

In the event your venue has a prohibition on redirecting discharge water onto the property of another it would be a zoning/building and safety violation. This violation would be enforced by your venue on your complaint.

To recoup cash relief for the loss of your tree would be a small claim matter which you would handle yourself. Though not knowing the exact statutes of your state I believe if you prevail more than likely all you would receive is actual costs of a replacement tree, installation costs, and your filing fee. The true value of a mature tree would be subjective thus normally not of merit. In small claims court punitive damages are not addressed. The ability to collect is an additional matter.

DA

Thanks DA, your advice could not have been more timely. I just found out today from the stormwater engineer, the city does not have any ordinance for this. Which is surprising since they have one for everything else. Anyway, I was told by someone else to talk to zoning and permits.

My friend came by, saw the damage and said basically small claim court too. I would hate to do this because she's getting married next month but I guess I have to look into all of my options. I'm hoping I hear from that lawyer by this weekend and I will go from there.

Glad I could return the help that I received from the kind members here.

DA

No problem DA. I talk to the person in zoning and the city has nothing so now I have to look at the state level. Talk to the lawyer I met on Wednesday. She is going to see what she can find and get back to me early next week. In the mean time, I have going through some old pictures to see I have that show the drain in its original position so far only the one. I also found a couple of my tree before it died. I took some pictures of damage on the Hakuro-nishiki. I had cut a lot of it away but not all. I also took pictures of the healthy one that is across from it. The two of them form a branched gate which is kind of cool. I'm hoping this will help in proving my tree case. Might be a long shot but every bit helps. I also found receipts of the dirt I applied to correct the drainage issue. My hope in all of this, is with the stuff I collected and what the lawyer finds out. I will be able to force my neighbor hand with a demand letter and not have to take her to court. She is already under enough stress with trying to move and plan wedding but just in case I will be ready.

If you are convinced the only relief is legal action:

It is not uncommon to send notice of "Intent to Bring Legal Action". Normally your counsel would do this on letter head to show you are serious and possibly , shall we say, nudge the defendant to respond and offer to settle.

In small claims since you are representing yourself as the plaintiff you could do the same thing. An inexpensive way is to obtain the proper complaint form from your local court handling small claims.

You will first have to do your homework in regards to replacement cost, installation and the filing fee. Complete the complaint citing your cause and and claim of costs to make you whole, but DO NOT date it. Make a copy of the complaint. Now publish a letter/face sheet to your neighbor citing your "Intent to Bring Legal Action". Offer a time frame of 21 days for a response to settle informally. Enclose the copy of the complaint. Do not hand deliver. Use the USPS and request a receipt of delivery.

If you do not get a favorable response or none at all you will have the prepared complaint which you will date the day of filing.

It is not my intent to discourage you, but please be sure legal action is what you want to do. It is very draining and deflating if you lose in court, and you could. Please, listen to your counsel.

DA

DA

Already started doing that. Went online to see what Kansas claim court required. Its not as expensive as I thought. Is a letter of intent, the same as Demand letter? I haven't gotten to the paperwork yet but my plan was to send the Demand letter but a copy of form.

I think its going to be more draining for her because she has a lot on her plate right now. And even if I lose, it will be a learning experience.

Thank you for the information.