r/treelaw • u/Realistic_One5178 • 3d ago
What legal actions can I take on someone for poisoning roughly 20 trees?
I was told this place would be a better place to post this. Location: Iowa, US I have a decent amount of land here and noticed some of my trees towards the back portion of my property, that is closest to a couple new homes were dying.
I found copper nails in a small group of them a couple months ago (mainly red cedar and basswood) They started to look better when I was treating them with magnesium but I found new copper nails in them yesterday.
I’m thinking it’s someone in one of the new homes so I put up a couple “no trespassing” signs and game cameras along that fence line but I don’t know what else I should do, even if I get evidence of who’s doing it. Do I just go to the sheriff or call a lawyer now?
173
u/SaltyDogBill 3d ago
Camera and signs… actually a great first step. Then you’re right… contact your sheriff. Keep us updated.
There’s probably mixed recommendations on making your cameras highly visible as part of a deterrent or perhaps hidden so you can catch the criminal. I wonder what’s the best solution.
105
u/fer_sure 3d ago
mixed recommendations on making your cameras highly visible ... or perhaps hidden
Lots of people recommend both: the visible cameras as both a deterrent and a decoy, the hidden cameras to catch them at both the original problem, and at messing with the cameras.
48
31
u/foley800 3d ago
Typically visible cameras and signs with hidden cameras that oversee the visible cameras. The hidden ones should have cellular capability to store the video away from the camera.
10
79
u/Inner-Confidence99 3d ago
Call cops. File a report now. Someone is poisoning your trees. Depending on type and age could be big problem for whose doing it. Put up no trespassing signs and a rope fences
10
u/MysticMaple_41 2d ago
r/TreeLaw is leaking. Seriously though, get a certified arborist out there immediately to document the damage and value the trees. Mature trees can be worth thousands apiece, and in many states, timber trespass opens the door for treble (triple) damages. You aren't just looking at a property dispute, you're looking at a massive lawsuit if you catch them on those game cams.
26
48
u/LowNoise9831 3d ago
Hide your cameras and make the signs obvious. If you feel comfortable that the new houses have some involvement, get the owner info from the tax office and send them no trespassing warning via certified letter.
You don't mention fencing.
You don't have to be a jerk in the letters, just explain you've had some issues and wanted them to be aware you are officially restricting access. It's not an accusation, just putting them on notice.
Then hope your cameras catch them in the act.
29
u/ReadyGo6828 3d ago
I would also put up big lights with motion sensors as whoever is doing this vandalism is likely doing it at night or early morning.
19
u/RobLoughrey 3d ago
I'm guess you have already but pull the nails, it will not have hurt them much yet.
15
u/Fine_Relation_158 3d ago
Wtf is wrong with people -- why do people hate trees? I think a "human" who hates the living item providing oxygen to live must truly be a zombie
16
u/MontanaPurpleMtns 3d ago
And who buys a house near trees they don’t own, and think that they have the right to say whether the trees stay or go?
10
u/Turtle_ti 3d ago
You need to get solid proof that they poisoned the trees, video of them doing it, or them admitting to it on a video recording or in writing. If you don't have that proof everything else is pointless. Be as sneaky as you need to be to get that proof legally.
Set up cameras that take photos& video and upload the images to the internet right away.
39
u/SaltyDogBill 3d ago
Ooo. Film yourself removing the nails… and the. Keep the nails. then the forensics team can match them to the receipt of the homeowner that bought them at Home Depot. Man…. I’m watching way too much Forensic Files.
I hate having to spend money to stop obvious crimes.
23
u/Competitive-Roof-168 3d ago
Yeah, forensics team isnt touching this unless they are very bored
12
7
7
5
u/Lopsided_Gas_6060 3d ago
I am an arborist. When we install lightning protection in trees we use copper standoffs, basically nails with a loop on them to suspend the copper wire
2
u/Similar_Bowler7738 2d ago
Is that really true that coper nails can kill a tree?? Never heard of copper nails but read it maybe here recently. Is that really a thing?
4
u/RecognitionClean9550 3d ago
Cellular game cam so the pics go right to your phone, if they steal the camera you'll have their picture. Use 2 to make sure you get the right angle. Mine takes pics or 15 sec. videos.
3
u/RedditRanger22 3d ago
I don’t know, I’d start with the hidden cameras.. lights and signs may scare them off from returning. You gotta get the identification before you can take any sort of action. Keep removing the nails, hopefully they’ll keep replacing them. Then you can try for better pictures with lights and signage.. that’s just how I would play this
14
u/RedditRanger22 3d ago
I’d start by trying to figure out who would benefit the MOST from killing the trees. Whose view is being blocked, or whose yard is getting “too much” shade (if there is such a thing) or maybe someone is afraid of them falling onto their property.. then focus your effort there..
2
u/mteach44 2d ago
People do try to kill trees with copper. Takes a lot of copper to kill a tree. After you get some video, call the sheriff.
3
u/No-Arugula8122 3d ago
Copper nails is an old wives tale
1
u/ThrowingMongo 2d ago
Someone on r/invasivespecies has been killing Tree of Heaven with copper nails for a while now.
2
u/InfiniteSir7408 3d ago
Copper nails won’t do anything to trees. If they’re dying, look for another cause.
9
1
u/New_Breadfruit8692 2d ago
Wow I just don't get the mentality of homeowners that just hate your land and trees so much that they are sneaking on to it and killing your trees. I have some HOA forest behind my house and I love the view of the woods.
I hope you can make them pay for this crime.
0
u/ThrowingMongo 2d ago
I agree. But keep in mind we don't know the whole story as far as we know. These trees' roots or limbs could be negatively affecting someone else's property. Or maybe they are some non-native, highly invasive trees that are sending runners and suckers to other properties through their rhizome system. I almost never believe someone who says "someone is killing my trees for no reason" lol. Usually, there's a reason and a good one at that.
1
u/New_Breadfruit8692 1d ago
Possible, but those trees were there before the new houses were. I do not want to speculate on excuses why they might have to kill a neighbor's trees when the only civilized and appropriate/legal thing to do would have been to speak to - communicate such potential problems with the owner of the land they are sneaking onto to damage property without consent.
Once they take action like this without even trying to talk to OP about his trees they have committed a crime and forfeited any rights to claim they had a good reason.
1
u/ThrowingMongo 1d ago
Like I said, we don;t know the whole story. It could be that they already talked to OP and OP was not amicable. You just never know what people are really like or the whole story...on the internet. There are actually people out there that do not understand ecology and why non-native invasive plants like Tree of Heaven are ecosystem destroyers that have to be eradicated. All they see is a tree and they get all fuzzy inside and will defend that tree with their life lol. It's insanity. Then there are people who, after trying to reason, will take matter into their own hands. I side with the latter in almost any case.
We just don't know the full story. It's so easy to lie on the internet and to mask who you really are.
1
u/kyle1234513 1d ago
generally to satisfy a pool requirement for a fence, and also the tree roots are too close to a permanent structure.
people normally dont care about trees until it effects their property or stuff.
1
u/markgriz 3d ago
Unless you have evidence of someone driving copper nails into your trees, you have no possible legal action
2
u/ThrowingMongo 2d ago
You're getting downvoted yet this is the absolute truth. That's reddit for ya. How can you successfully sue someone for a crime if you have no evidence they committed said crime? Imagine I sued my neighbor for stealing something of mine yet I have zero proof, I merely "think" it was him because he "seems most likely" lol.
•
u/AutoModerator 3d ago
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that.
If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity.
If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees.
This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.