Is The Farmer Responsible

I have a farmer who farms the quarter section a-cross the road from me.
Every spring/fall he sprays 2-4-D and the drift kills my flowers.This is really starting to pi** me off.Can I hold him responsible or am I stuck with the fact that I can no longer have a landscaped yard?

[Ken Scharabok]

Well, you can start by letting they know about the overspray and ask them to only spray when you are upwind. Beyond that, talk to your local county ag. agent to see why regulations apply and if they are being followed. I believe you need a permit to use certain chemicals and that permit can be withdrawn if they are not used properly.

Ken S. in WC TN

[Jena]

Definitely start with talking to the guy. If he won't try to prevent the over-spray then move on from there. Most farmers I know will try their best to keep the spray off the neighbors...if they know there is a problem.

Jena

[mtfarmchick]

I agree with Jena. If the guys spray is getting on your flowers it's not going on his crops. The stuff isn't cheap and he's probably not going to want to waste any.

[mikell]

I would think something else is killing your flowers. Across the road is a long way to drift unless he's a complete idiot. To buy the stuff here in Michigan you have to licensed and take test every year that may even be a fedral law. I would look for other problems as well.

mikell

Thanks all .
I'm a little more relaxed now so maybe I can give a little more info.
I explaned the problem to him 2 years ago ,he agreed to spray early in the morning when its calm [no wind]in front of my place to avoid the drift,and spray the rest after 10:00 when the winds begain to pick-up.He did this last spring and it worked out alright.However when the fall came he must have forgotten because he sprayed in the afternoon.I brung him over to my place 2 wks. after and showed him the damage so he would understand better.He said he did,we shook hands,chatted about this and that for a few hours,and I considered the problem solved.
I just got back home from a out of town trip and what do I see ?The whole south side of my plants curling up.I'm talking about 1,000's of plants.The damage is from the border to about 30'into the bed.Not all will die but I will lose a lot of them and the survivers will always look "burnt" on the south side of the plant.My blood presser is getting sky high ,so,I'm waiting untill I can keep relaxed enough to talk with-out blowing up before I call him to talk about it.What do you think,can I bill him for it?Maybe then he will understand.

[Alice In TX/MO]

Take pictures, document expenses, send him a bill.

[Bob in WI]

Good idea Rose.

Small claims court may be able to help some too.

He has admitted to you he knows he is causing a problem. That should be enough to hang him for his misdeeds.

[mtfarmchick]

Is this the guy that owns the land or could he be just a hired hand?

[Jena]

If it's possible to find out who his insurance is...file a claim. They should pay and that will definitely get his attention. Another claim and they will likely cancel his coverage for over-spray(not his whole policy, just that portion of coverage).

If you can't do the insurance route, document everything and send him a bill. Include the cost of the plants, your time to plant them, etc. Include a reference to your earlier conversations in the letter accompanying the bill. If you can....include a mild threat of calling the state to report the over-spray problem. If he balks at payment, then do exactly that...call the state agency responsible for such things. Keep your documentation....pictures are good. Notes are always good.

You've given the guy a chance and been reasonable, time to get a bit tougher.

Jena

[whiterock]

mikell - I don't know what conditions you are familiar with but sometime back a neighbor sprayed 2-4-d on his pasture that crossed a field road and took out 20 acres of cotton on our side of the fence.

When Daddy talked to him about it he just said to sue him and let his ins. handle it.

In the right conditions drift can go a long way like on a summer afternoon in Texas with a 15 mph wind.

[heelpin]

Originally Posted by Unregistered

I have a farmer who farms the quarter section a-cross the road from me.
Every spring/fall he sprays 2-4-D and the drift kills my flowers.This is really starting to pi** me off.Can I hold him responsible or am I stuck with the fact that I can no longer have a landscaped yard?

He is legally responsible, take pictures and see a lawyer.

[big rockpile]

Every few years the Utility Companies spray down their lines and killed a few of my wifes bushes.There wasn't nothing we could do.

I would talk with him,tell him to watch what he is doing.

big rockpile

[WildHorseLuvr]

About 8-10 years ago we were sprayed by a crop duster plane while he was spraying the neighbor's fields. I was outside at the time, and saw the plane dumping spray as it went over our house which is in the middle of our property. Almost all our grass died, we lost many, many trees, and 2 horses and 2 dogs died...all with the same symptoms (open running sores, strange lumps and tumors, paw pads and hoof undersides sloughing off continuously, and liver failure). The pilot got really ugly with my dh, denied everything, and insisted he hadn't used anything harmful anyway. Dh asked him if he'd used a certain chemical (can't think of the name but it's like Agent Orange), and he flat out denied it and gave us the name of some other chemicals he'd supposedly used. We finally called our local extension agent who called the state ag. dept. They came out and tested our soil and trees and determined that we hadn't been oversprayed...we'd taken a direct hit. They also demanded the pilot's records which showed he'd lied to my dh...he did use the chemical dh had asked about. The state gave him a hefty fine.

We really aren't into sueing people so we let it go. If I had it to do over again, I would sue. The damage was much more severe and long lasting than we had originally thought. The pilot learned nothing and continues his sloppy practice even though he has been fined again. I've personally seen him overspray other people's trees and pastures...which WERE a considerable distance and across the road from where he was supposed to be spraying, and those people suffered damage also.

The only good thing that came out of our situation is that we talked to our neighbor (who had contracted with this jerk to have his fields sprayed) and told him if it happened again we would be sueing everyone involved. Since then he has sprayed using a truck and wagon, and sprays by hand along our fence line.

Arm yourself with plenty of good photos, get someone out from the state to test your soil/plants right after your neighbor sprays, and see your lawyer. You have more at risk than a few flowers. Those sprays are NASTY. Farmers have every right to farm their land. They also have an obligation to keep their chemicals on their own land.

Most farmers carry insurance for this. Call him and tell him that he needs to contact his insurance agent and tell them to send an adjuster out to value the damage. He don't want his insurance to go up so I bet he will be more careful in the future. And yes, he is responsible.
Mike