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, such as dusts and sprays containing arsenic, 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 My Neighbor’s Use of Insecticide Damages 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.

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 a 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, a property attorney can ensure your rights are protected.