How to Deal with a Neighbor’s Poison Ivy

LAW BLOG  •

August 14, 2017

Poison ivy is a plant that excretes a dangerous oily sap from its stems and leaves. If this sap comes in contact with skin, it can cause an itchy, blistering rash. The same can happen with poison oak and poison sumac plants. The best way to prevent poison ivy injuries is to never come in contact with the plant. If your neighbor’s yard sports poison ivy, this can be difficult. Learn your rights when dealing with a neighbor’s nuisance trees or plants.

Ask Your Neighbor to Take the Plant Down

Sometimes, you can solve a poison ivy problem by pointing out to your neighbor that this type of plant is spilling over onto your lawn. Most people will not want to keep this poisonous plant around. Your neighbor may not realize that he or she even has this plant on the property. Simply pointing it out could lead to your neighbor dealing with it for their own good, as well as that of the neighborhood. If your neighbor won’t remove the noxious plant, however, you may have other remedies available to you.

Defend Your Property Line

If a neighbor’s poison ivy plant is causing you trouble, odds are it’s spilling over into your property. You have control over your own property. You have the right to trim the plant back if its vines or leaves cross the line into your property. While you cannot pull the poison ivy plant out by its roots (if the roots are on neighboring property), you can cut down the parts of the plant that cross the property line. Find and maintain your property line to assert your rights. Don’t interfere with the plant on your neighbor’s side, or you could face legal trouble.

Hire a Professional Poison Ivy Remover

Do not attempt to remove poison ivy, oak, or sumac on your own. Even if you wear gloves and long sleeves, odds are you will come into contact with the plant in some way. Burning the plants can cause problems, as airborne sap can enter the eyes, nose, and respiratory system. Particles in the air from crushed plants can also cause health problems, if you inhale them into your respiratory system.

Instead of dealing with your neighbor’s poison plant alone, find a local poison ivy control company. Leave this task to the professionals to prevent developing the itchy rash, having an allergic reaction, or suffering in other ways from contact with the plant. A professional can help you locate and eliminate poison ivy on your property, and trim back plants that encroach from your neighbor’s lawn.

File a Lawsuit for Nuisance

You may be able to compel your neighbor to remove a noxious poison ivy plant, by protecting your rights under Texas’ nuisance laws. Under this law, a “private nuisance” is anything a person does or maintains that leads to someone else’s loss of use or enjoyment of a property (without trespassing). This may include poisonous plants, since they can cause harm to others. If your neighbor is particularly adamant about keeping his or her noxious plants, filing a lawsuit could bring law enforcement out to force the neighbor to remove the plant, or relocate it away from your property. Speak to a personal injury attorney in Houston for more information about lawsuits regarding a neighbor’s trees and plants.

Every state limits the amount of time you have to file a claim.

Don't Delay.

Contact the Attorneys at Gordon & Elias, LLP Today to preserve your right to a recovery.

Contact Us

100% FREE CASE EVALUATION

Free Consultation • No Fee If No Recovery