I've just been having problems with some bees and a neighbor and I was wondering if anyone knew the legality of their actions (their being the neighbor...not the bees...).
Yesterday the neighbor sent us a letter asking that we remove a wild beehive from our front yard walnut tree. Then today without our permission or knowledge he had an exterminator come over and gas the hive. Luckily we returned home before they were done and, hopefully, saved something.
My question for all of you folks is: Can this guy do this? He has threatened legal action for us stopping his operation and for not killing the hive.
It seems to me that it is pretty terrible that people can go around killing beehives on private property, even if those people happen to be allergic or scared.
Not Knowing California laws I could not be sure
But here in Michigan the neighbor would be guilty of trespass, invasion of private property and cruelty to animals to list a few as he called and hired the people to do the job. You should consult with the police, animal control and a lawyer
not a laywer just a concerned bystander
just South of Lansing Michigan
I wouldn't know California law either, but I don't think you can legally do that here. Did you tell the exterminator he/she was trespassing and was killing your wildlife?
A stupid neighbor is one thing, but the exterminator putting a lawsuit and his business on the line for a few bucks profit? He should of walked away from that.
The exterminators were certainly told of their mistake, and their faces went pale, I'll tell you.
It is the neighbor who is threatening legal action.
I do know that in the past the charge of "harboring a menace" or whatever by having bees on your property has usually not stood up in court because bees are necessary to the existence of life on this planet and therefore they are not a menace unless there are extenuating circustances, such as unusual aggressivness by the bees etc.
in texas the law says in order to kill a bee hive you must be under the direction of either the owner or the state bee inspector. I would assume a wild hive would be considered to be the property of the landowner .however I dont know anything about California Law .keep us posted how it turns out.
Turns out that, according to Los Angeles County Ordinance somethingorother, it is actually illegal to have a wild beehive on private property and it CAN be removed (the person at the Agricultural Commission seemed pretty adamant about this, likely to save the county from liability).
BUT, it cannot be forcibly removed by anyone other than a county representative and then only after an official notice is served and a grace period is given for the property owner to take action themselves.
Bottom line is that that actions taken are apparently still illegal.
I will keep y'all updated.
Contact your local granola-crunchin tree-huggin organization. They seem to have the time and money to engage in lengthy and expensive campaigns. At least they can help annoy your neighbor.