Technically a Legal Issue

NETWizz

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Long story made short... Pretty sure I killed my neighbor's tree:

It's a long story, but our grass was filled with weeds, so I spoke to a friend who recommended Weed B Gone pre-mix, which contains 2,4-d; dicamba, and MCPP. Anyway, I think this tree is his, and although I did NOT spray anywhere near the tree nor on the tree the tree died.

I checked with a laboratory that tests for this stuff and they were clear that it is NOT in the soil said to not even bother sending a soil sample that I could NOT have put enough down to poison the ground and cause root uptake. That instead, the high-humidity and heat volatilized it into the levees killing the tree.

In the picture, I am the house on the left. Anyway, although I do not have conclusive proof, and everything was used in accordance with the label, it has got to be my fault because all other trees are healthy.

I knocked on my neighbor's door and basically told him that it is my fault... that I will replace the tree to which he said, "don't worry about it; I was going to do something about it." I said, "that's not fair to be on you, but if you do something, let me know and I will write a check."

Anyway, this is the tree... my house is the one on the left with the Infiniti in the garage.
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All the other trees look healthy like this:


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Ironically, I called the Ortho folks and they simply denied the product kills trees. Yesterday, I went down to a tree nursery and paid for a similar, tall/skinny tree, delivery, and its installation.

It is just the right thing to do... Basically, I created damage and although unintentional it is still very "real" and should be 100% my responsibility to pay.
 

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I don't think you should go ahead with that replacement tree installation based on what you have told us. your neighbor = he said, "don't worry about it; I was going to do something about it.". Maybe he was gonna take it down after having it there he didn't like it. Or other plans, I would not just plant something on his property without him clearing up what he wants done. He might have to remove the tree you just planted. But once again let him know you'll replace tree if that is his wish.
 
I don't think you should go ahead with that replacement tree installation based on what you have told us. your neighbor = he said, "don't worry about it; I was going to do something about it.". Maybe he was gonna take it down after having it there he didn't like it. Or other plans, I would not just plant something on his property without him clearing up what he wants done. He might have to remove the tree you just planted. But once again let him know you'll replace tree if that is his wish.

Well, I asked him what he was going to do and told him to send me the bill. Ultimately, he said he was just going to plant another tree just like it. Hence, I feel it is my ethical obligation. I ran it by him and he just thanked my profusely including via txt message, so it is not like it is a property violation. I made certain to spend the necessary $$$ to get an equivalent/better tree, too.
 
Yes - you did the right thing. That's probably about a $100-$125 tree, plus installation if you paid for that, small potatoes considering the value of a good relationship with your neighbor.
 
Yes - you did the right thing. That's probably about a $100-$125 tree, plus installation if you paid for that, small potatoes considering the value of a good relationship with your neighbor.

The replacement tree is $145
+ $50 for delivery
+ 1/4 of the cost to install...
+ Taxes

Total cost was $249.75


Agreed... it is small potatoes provided the new one thrives... *Fingers Crossed* the new one thrives.

The remainder of the product I have is being given to a friend... I don't want anything that can volatilize and create that kind of damage to vegetation... nor do I want the cancer associated with it.
 
Way to be the good neighbor! I wish all were as nice and responsible as you!

Just be thankful that tree wasn't a Bios Urn!

*A Bios Urn is where after you die, your converted into a tree. It is not a basic input output system for a urn*
 
Yeah no kidding.. Now I am taking off work to wait for the tree guy to come and put in a new tree.
 
Does that mean I didn't kill it?
You didnt kill the tree.

Seems a lot of people think that when you plant a tree it just grows. However, Not all trees that are planted will live. There is a certain percentage that will die because of factors like shock due to weather or being transplanted. Its kinda common. Besides, How do you know it wasnt over fertilized by the owner or who ever put the tree in? These things happen.

You would have to literally stand over the tree and pour a generous amount of weed killer or something else to kill it. In fact, Most weed killer is designed to work on weeds not grass or trees.

I think it was a very kind gesture to replace your neighbors tree but probably unnecessary. Its too bad we all do not have neighbors like you though. Even though you really had nothing to do with the tree dying you did foster good will in the neighborhood.

coffee
 
Well I also had new mulch added, too...

Anyway, here is the new tree. I don't know about the old tree's species, but I got something a bit different; moreover, this one should turn Red around football season, and my neighbor is an SC Gamecocks fan.

I went a little bit bigger as well as a good-faith gesture.

upload_2016-6-22_10-35-27.png

Here is the end result:

upload_2016-6-22_10-43-55.png
 
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Not all trees that are planted will live. There is a certain percentage that will die because of factors like shock due to weather or being transplanted.

Indeed. I just lost a tree this year. We had planted it about 10 years ago and it was doing just fine - a small (but getting bigger) red maple. For some unknown reason, it didn't survive the winter. Looked great last fall, never budded this year - completely dead. Had to cut it down. It was a shame.
 
A laboratory who specializes in this stuff told you to not even bother sending a sample because they are so confident that there is no way you killed it...

I'd take their word for it. You definitely earned some brownie points with the neighbor though.
 
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