Do People Generally Have the Right to use Insecticides on Their Land?
To protect gardens and fields from insects, worms, snails, and rodents, you and your neighbors have the right to use insecticides and herbicides on the land. However, a landowner may be found liable for spreading poisonous dusts and sprays if it was done in a negligent manner. What Are Examples of Products that May Blow on My Land?Examples of products that can be released, blown onto your land, or cause harm to you or your land include: - Fertilizers
- Insecticides
- Pesticides
- Fungicides
- Weed Killers
What Happens if Plants in My Garden Are Damaged because of a Neighbor¿s Use of Insecticide which Affects My Plants?Your neighbor may be found liable to you for damages if their use of an herbicide or weed killer is found to have damaged the foliage in your garden. Can My Neighbor Be Held Responsible for the Acts of Someone They Hired to Spray?
If your neighbor contracts with someone who spreads insecticides in a negligent manner, they may be held responsible for harming you or damaging your land. Generally, if a landowner hires a person to perform a dangerous activity, such as spreading insecticide, the landowner cannot escape responsibility for the actions of the person hired. What if the Spraying Was Done Using an Airplane?
Landowners who aerially spray their land, and the people who operate the plane, must be especially careful to prevent the spread of the chemicals onto neighbors¿ land. Do I Need a Lawyer?
If you, or your land, have been harmed because of a neighbor¿s spraying of chemicals, an attorney specializing in real estate law can advise you of the laws in your area and the remedies available. If you have been accused of causing damage to a neighbor¿s land, or having harmed them because of a chemical you sprayed, an attorney can ensure your rights are protected. |