View Full Version : Signs by neighbors about your fruit tree
KISS
Sep 21, 2009, 05:39 PM
I have a Fig tree on the side of the house and the neighbor just recently put a sign up.
I'll let you guys take a look at the tree and the sign. He also put a pest killer contraption near the tree.
He's also said that if he gets stung, he'll sue.
I can pick the figs with bees crawling out of the fig almost into my hand and they don't sting.
As you can see the tree is huge. Picking today was probably 50.
Bees and wasps belong outside and I don't blame them getting upset when you mess with their nest. They almost never get aggressive when their feeding. They feed with other insects at the same time.
Comments anyone?
twinkiedooter
Sep 21, 2009, 05:47 PM
He can't sue if he gets stung. Insects like bees and wasps are not owned by anyone and can't be controlled by you or anyone else. Even honeybees kept by beekeepers are basically not controlled by the beekeeper out of their hive.
He's just being a jerk posting that sign. But, on the other hand, he is being considerate enough to notify anyone in the area that is allergic to insect stings of any potential hazard to them.
You could counter by placing your own sign stating that there may be stinging insects in the area and for persons to be on the alert for them and to pass this tree at your own risk. You know, something along those lines.
Even if he does get stung he's going to have to explain to the judge why he was near your "dangerous" tree in the first place knowing full well there was a good possibility of getting stung by the insects hanging around your tree.
I kept 5 beehives in my backyard for years in Ft. Lauderdale city and had no problems with anyone getting stung by my bees in neighboring yards.
You may want to follow up with your sign and actually get some of those hanging wasp traps. I was badly stung by yellowjackets as a little girl of 3 and almost died from all the venom.
hkstroud
Sep 21, 2009, 05:48 PM
Good idea. Keep people from stealing your figs.
Probably keep burglars and pesky kids away also
KISS
Sep 21, 2009, 06:13 PM
Twinkie:
There is a yellow wasp trap, see it. I got stung about 15x this summer by yellow jackets. I disturbed a nest.
hk:
That's funny. Have to spread the rep.
KUXJ
Sep 21, 2009, 09:00 PM
Hi! K.I.S.S.
I tend to agree with td, and hk, but that still won't stop your neighbor from filing a suit against you.
Two items stand out to me 'bout this situation; A) Your neighbor seems the type to encourage an attack just by the nervous energy he exudes, and B) Did he come onto your property to hang that sign, and trap on your fence? If that's your fence, and he did, then they belong to you now. For one, those traps will tend to attract more stinging insects, and the trespassing... Well that's another experience I can offer later.
After researching, and coming up with the following two links, I can envision him or one of his family getting stung, and then filing at least a claim against your homeowners insurance to cover medical bills.
His lawyer may talk him out of a lawsuit, but they'll still go after your insurance company. I talk from experience, when my Dad was sued when a friend of my brothers broke his arm on Dad's property.
This one is from a sister forum, read the whole thread, and don't miss the last post:
Can a beekeeper get successfully sued for a bee sting? - Beesource Beekeeping Forums (http://www.beesource.com/forums/showthread.php?t=228928)
This one is actual case law. It starts with bee stings, and includes spider bites:
http://classweb.gmu.edu/jkozlows/lawarts/10OCT90.pdf
In either case, again, what stands out is; “Did the landowner, bee company, or Inn demonstrate reasonable care or was it negligence that caused the accident?”
I do not mean to infer that you are irresponsible, but because of the litigious atmosphere of today's world, I would think that this becomes a CYA situation on your part, and you would have to show some responsibility by trimming the tree to try, and control the stinging insect population.
Therefore I offer these sites:
This one condenses the next three pretty well:
Pruning a Fig Tree: 3 Tips | DoItYourself.com (http://www.doityourself.com/stry/pruning-a-fig-tree-3-tips)
FigTrees.US (http://www.figtrees.net/care.html)
FIG Fruit Facts (http://www.crfg.org/pubs/ff/fig.html)
Brian's Garden: Pruning a Fig Tree (http://www.briansgarden.com/2001/03/pruning-fig-tree.html)
The main premise is not to over-prune.
My sympathies are with you, and your family as my family has suffered the slings, and arrows of neighbors such as yours.
K
KISS
Sep 21, 2009, 09:49 PM
No it's actually his fence on the edge of his driveway. The bee issue is there for a few weeks while the figs are ripening. The insects feed on the overripe fruit. We're not talking about infestation. Just a few bees feasting on a few pieces of fruit and minding their own business. You might see a few ants, a wasp, a yellow jacket and a butterfly on the same piece of fruit.
The neighborhood has a weird situation which everyone abides by and that is there may be from 6" to 2' of grass that belongs on a neighbor's property, but each maintains that strip essentially to the driveway border when cutting lawns to avoid a "mohawk" lawn cut.
The neighbor rents. If he comes after us, we go after him for landscaping and causing flooding in the basement unless the window well sump pump is on (a few days a year it can happen). The Landlord was informed verbally and said, "Take me to court". He's a hostile neighbor and landlord.
He won't even pick up a community newspaper for weeks.
Thanks for the info. Haven't looked at it yet.