Chemical trespass, Being Bullied by neighboring farm

[Lilfarm]

What is the name of your state (only U.S. law)? Florida
What kind of lawyer do we need? No one so far we called has been able to give up any help. Thanks
Neighboring farm has been spraying our property-and us, with pesticides and other toxic chemicals. (We have gotten it in our house and in our bodies.) We thought we came to an agreement, for them to let us know before they sprayed. They didn't stick to this compromise. I contacted the Dept. of Ag, just to ask about our rights. They became very interested in them and came out the next day and took multiple samples from our property and theirs.
A few weeks after that, they had their lawyer call us and inform us that they were interested in buying our property. We should come up with a number and phone back.
We didn’t phone back fast enough. We were basically told that if we didn’t sell them our property, (they offered us much less than market value,) then they would put up this 15ft solid fence around our property.
They started putting in the poles yesterday, starting in front of our house.
This is clearly a nuisance/spite fence and trying to drive the price of our property down.

 

[TheGeekess]

Maybe you need to move further out. Obviously, you are not suited to live next to a working farm.

 

[justalayman]

What was the result to the Dept of Ag's inspection?

Was the farm active when you purchased your land?

 

[quincy]

What is the name of your state (only U.S. law)? Florida
What kind of lawyer do we need?

An environmental lawyer could perhaps be an attorney to contact for assistance.

Neighboring farm has been spraying our property-and us, with pesticides and other toxic chemicals.

You don't mention whether the neighboring farmer is using an aerial application for the pesticides. If there is aerial application, here is a link to requirements for Florida aerial applications of pesticides: https://edis.ifas.ufl.edu/pi094

Additional information is available on pesticide applications and equipment here: https://edis.ifas.ufl.edu/topic_pesticide_applicators

... We were basically told that if we didn�t sell them our property, (they offered us much less than market value,) then they would put up this 15ft solid fence around our property. This blocks out our view of their 80 acre cattle pasture ... This is clearly a nuisance/spite fence and trying to drive the price of our property down.

Here is a link to a handbook on Florida's fence and property laws (the laws of which mostly address the responsibility of property owners to fence attractive nuisances): https://edis.ifas.ufl.edu/fe111

Although not directly related to your concerns, neighbors can be pretty creative when expressing spite. A high fence to block desirable views is one way but here is a link to information on New York's "spite house," which shows the lengths some property owners will take to spite their neighbors: http://www.nyc-architecture.com/GON/GON005.htm

I suggest you consult with an attorney in your area to see where you stand legally. Whenever you purchase a home next to vacant land, however, you should never assume (even with the assurances of real estate agents) that the property will remain vacant. In some ways, you are probably lucky that it is a farm that moved in next door to you and not a shopping mall.

Good luck.

 

[RRevak]

What is the name of your state (only U.S. law)? Florida
What kind of lawyer do we need? No one so far we called has been able to give up any help. Thanks
Neighboring farm has been spraying our property-and us, with pesticides and other toxic chemicals. (We have gotten it in our house and in our bodies.) We thought we came to an agreement, for them to let us know before they sprayed. They didn't stick to this compromise. I contacted the Dept. of Ag, just to ask about our rights. They came out the next day and took multiple samples from our property. We even told one of the owners they were going to be inspected by the Dept of Ag. He said he didn't care, as he gets, 'inspected,' all the time.
The day the Dept of Ag came out to their property, my husband got a wtf text from the same owner. In more texts he claimed we, ‘May have opened that can of worms.’ A few weeks after that, they had their lawyer call us and inform us that they were interested in buying our property. We should come up with a number and phone back.
We didn’t phone back fast enough. We were basically told that if we didn’t sell them our property, (they offered us much less than market value,) then they would put up this 15ft solid fence around our property. This blocks out our view of their 80 acre cattle pasture. We watch the sunset almost every night from our porch, over this pasture.
They started putting in the poles yesterday, starting in front of our house. I called the county and they told me they aren’t properly exempted and they can’t put up anything taller than 6ft. The only place they can put up the fence legally, is on the north side of our house.
This is clearly a nuisance/spite fence and trying to drive the price of our property down.
Side note: When we bought this property, there was 10 acres next to us that was just a clear field. We were told by both real estate people, that there was never going to be anything built on that land. A week after we closed on the property, they started construction on a green house, with 20 ft walls, on the entire 10 acres. We get chemical drift from both sides. We moved out to the country for peace and quiet for our anxiety issues and it's been nothing but noise and stress. Thanks for your advice.

Re the bolded: You DO realize you aren't entitled to views of property that in no way shape or form belongs to you right? I'm sorry if your entitled self feels you should be able to dictate what others do on their farms. I have a neighbor like you. Moved out here not too long ago from the city and endlessly complains about my roosters. I just smile and wave while they shriek and wave their arms. Grow up and play nice or move....

 

[Lilfarm]

Ok, thanks..most of you. If this was all here when we looked at the land, we wouldn't have bought here.
They are spraying with a giant, industrial sprayer, with a large fan that makes the pesticide go everywhere. There is a reason for pesticide laws.
We are still waiting for the results form the department of AG for the results.
I have read the fence statue many times. It's clearly a bullying technique, to drive down our property value. They want our property so bad, they will just about do anything.
I will contact an environmental lawyer.

 

[Ladyback1]

Ok, thanks..most of you. If this was all here when we looked at the land, we wouldn't have bought here.
They are spraying with a giant, industrial sprayer, with a large fan that makes the pesticide go everywhere. There is a reason for pesticide laws. They are poisoning themselves, their workers and us. Speaking of, their workers aren't wearing the proper protection either, when spraying from a large hand sprayer.
We are still waiting for the results form the department of AG for the results.
I have read the fence statue many times. It's clearly a bullying technique, to drive down our property value. They want our property so bad, they will just about do anything.
They know what they are doing is illegal and they want to be able to continue doing what they do. I think they want us out of here, before the AG results are in, because they know they are spraying us with poison.
I will contact an environmental lawyer.

What particular/specific pesticide are they using?
How has the pesticide caused you harm?

 

[RRevak]

What particular/specific pesticide are they using?
How has the pesticide caused you harm?

Don't try asking, they probably don't know. They're too concerned about making sure their tin foil hat fits properly and the views of the property they feel they're entitled to see even though it doesn't belong to them

 

[Ladyback1]

Don't try asking, they probably don't know. They're too concerned about making sure their tin foil hat fits properly and the views of the property they feel they're entitled to see even though it doesn't belong to them

You are probably right!
Good Grief, I guess I should have sued all the farms when I lived in SE Arkansas. Every fall, cotton de-foliant (sp) was sprayed (crop duster style).
I guess I just understood it was necessary and a part of living in The Delta.

 

[quincy]

Ok, thanks..most of you. If this was all here when we looked at the land, we wouldn't have bought here.
They are spraying with a giant, industrial sprayer, with a large fan that makes the pesticide go everywhere. There is a reason for pesticide laws. They are poisoning themselves, their workers and us. Speaking of, their workers aren't wearing the proper protection either, when spraying from a large hand sprayer.
We are still waiting for the results form the department of AG for the results.
I have read the fence statue many times. It's clearly a bullying technique, to drive down our property value. They want our property so bad, they will just about do anything.
They know what they are doing is illegal and they want to be able to continue doing what they do. I think they want us out of here, before the AG results are in, because they know they are spraying us with poison.
I will contact an environmental lawyer.

If any of what your neighbors are doing is illegal, the law will eventually catch up to them.

The agriculture department will be able to determine with their investigation if the procedures used by the farmer fall within the legal guidelines for pesticide application for the type of pesticides used, and the investigation should be able to determine if the workers (and the residents in the area) are being adequately protected or adversely affected.

Your best action against your farming neighbor could be for violating pesticide application regulations, if in fact he is violating any.

 

[Lilfarm]

If any of what your neighbors are doing is illegal, the law will eventually catch up to them.

The agriculture department will be able to determine with their investigation if the procedures used by the farmer fall within the legal guidelines for pesticide application for the type of pesticides used, and the investigation should be able to determine if the workers (and the residents in the area) are being adequately protected or adversely affected.

Your best action against your farming neighbor could be for violating pesticide application regulations, if in fact he is violating any.

I agree. Again, there are reasons for pesticide, herbicide, etc. laws. I guess we wait for the labs.

Thank you Quincy for your advice. I guess bullies are everywhere.
I have looked into the law here and they are violating statutes and laws all over the place. We have tried to compromise with them for over 2 years. We walked into a feud that was started before we even moved here. They wanted this land, but apparently, the previous owners refused to sell to them. (This is what they told us, when we were on friendly terms.) They have contacted us almost every day, up until now, asking us to sell. They even stated, "Sell to us, or we're putting up a wall around your property and you can never sell that place." Can't get any clearer than that.

 

[Ladyback1]

I agree. Again, there are reasons for pesticide, herbicide, etc. laws. (BTW..they are also poisoning a couple lakes with their run off...especially from their newest greenhouse, which they built on top of us. I guess we wait for the labs.)

Thank you Quincy for your advice. I guess bullies are everywhere.
I have looked into the law here and they are violating statutes and laws all over the place. We have tried to compromise with them for over 2 years. We walked into a feud that was started before we even moved here. They wanted this land, but apparently, the previous owners refused to sell to them. (This is what they told us, when we were on friendly terms.) They have contacted us almost every day, up until now, asking us to sell. They even stated, "Sell to us, or we're putting up a wall around your property and you can never sell that place." Can't get any clearer than that.

one more time---What specific pesticide/insecticide are they "poisoning" you with?
What confirmation do you have that you have actually been exposed to noxious chemicals?

 

[Lilfarm]

one more time---What specific pesticide/insecticide are they "poisoning" you with?
What confirmation do you have that you have actually been exposed to noxious chemicals?

Once again..we are waiting on labs from the Dept of AG. We should have confirmation soon.

 

[RRevak]

I agree. Again, there are reasons for pesticide, herbicide, etc. laws. (BTW..they are also poisoning a couple lakes with their run off...especially from their newest greenhouse, which they built on top of us. I guess we wait for the labs.)

Thank you Quincy for your advice. I guess bullies are everywhere.
I have looked into the law here and they are violating statutes and laws all over the place. We have tried to compromise with them for over 2 years. We walked into a feud that was started before we even moved here. They wanted this land, but apparently, the previous owners refused to sell to them. (This is what they told us, when we were on friendly terms.) They have contacted us almost every day, up until now, asking us to sell. They even stated, "Sell to us, or we're putting up a wall around your property and you can never sell that place." Can't get any clearer than that.

They are poisoning themselves, their workers and us. Speaking of, their workers aren't wearing the proper protection either, when spraying from a large hand sprayer.

This blocks out our view of their 80 acre cattle pasture. We watch the sunset almost every night from our porch, over this pasture.

And you wonder why you aren't being taken seriously on here

 

[Ladyback1]

Once again..we are waiting on labs from the Dept of AG. We should have confirmation soon.

Oh, so you are just shooting in the dark.
You have no proof.
You have no medical records showing that you are experiencing any side effects of being exposed to noxious chemicals?

So, what signs/symptoms or other "issues" prompted you to call the Ag Dept? Or did you just assume that whatever they are spraying is "bad"?

[SUB]FYI--there have been a lot of pesticides/insecticides created in the last 5-10 years that are non-toxic to humans and more eco-friendly![/SUB]