Neighbors destroying colonies - Page 4
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  1. #61
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by Nabber86 View Post
    Eye witness of the arm of an unknown person?? I don't think even Perry Mason would win that case.
    ....
    Tell the reported that you are pretty sure it was the neighbor and spread the word around the neighborhood. Fight him in the court of public opinion.
    I would think that if one can't prove guilt based on evidence, one might have little hope of winning any slander case the neighbor might bring.

    Of course, I'm not a lawyer and would hesitate before taking that advice.

    Wayne
    Last edited by Ravenseye; 07-13-2015 at 11:05 AM.

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  3. #62
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    Default Re: Neighbors destroying colonies

    vance g nailed it. shame that loser.

  4. #63
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    Default Re: Neighbors destroying colonies

    How did you know to have a camera at the right time? Did you see them do it first and then take video (probably from a phone)?
    Brian Cardinal
    Zone 5a, Practicing non-intervention beekeeping

  5. #64
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by Acebird View Post
    How did you know to have a camera at the right time? Did you see them do it first and then take video (probably from a phone)?
    I'm not sure of his situation but I know I can pull my phone out of my pocket and be recording in less than 30 seconds. Lucky he kept his cool enough to think to do it before confronting the person. And I'm sure he got a good enough look at the person through the fence to be able to identify them for legal action. Especially if it's someone familiar to him like a neighbor.

  6. #65
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    Default Re: Neighbors destroying colonies

    That is what I was thinking....I mean you see your neighbors all the time. Seems legit to me.
    Last edited by Barry; 07-13-2015 at 01:51 PM.
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  7. #66
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by BeeCoolBro View Post
    . And I'm sure he got a good enough look at the person through the fence to be able to identify them for legal action. Especially if it's someone familiar to him like a neighbor.
    For "legal purposes" you have to convince a judge. The judge does not read Bee Source and has to be impartial. Even if you claimed that you saw your neighbor through the fence (looks like a pretty tight fence to me), the video is not evidence and pretty much worthless. For all the judge knows you could have staged the whole thing to get back at your neighbor for some other feud that has been going on.

    Imagine court transcript:

    Lawyer: That's a really nice iPhone you have there. How many megapixels does it have?

    ChrisBex: 10 megapixels.

    Lawyer: 10 mp? That is impressive. So you could say that it is almost as good as a human eye.

    ChrisBex: (falling for the bait) Yeah, I guess so.

    Lawyer: Then how could you have possibly seen the person on the other side of an 8-foot fence, when the video camera doesn't pick anything up on the other side of the fence? Also, you were running and filming at the same time, weren't you

    ChrisBex: Yes.

    Lawyer: Can you please explain how you were able to identify the person while filming and running at the same time? Weren't you worried about tripping and keeping the camera on the subject. You must be quite the multi-tasker.

    ChrisBex: He was on the other side of the fence, it was my neighbor, my neighbor hates me. I know it was him.

    Lawyer: At what point in the video did you make this discovery?

    ChrisBex: Uh, about 25 seconds in.

    Lawyer: Please pause the video at the 25 second mark. Well I sure don't see anything but an arm.

    Lawyer: Well ChrisBex, did you or did you not actually see the person doing the spraying? Remember you are under oath.
    Honey Badger Don't Care ಠ_ಠ ~=[,,_,,]:3

  8. #67
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    Default Re: Neighbors destroying colonies

    As long as we are making things up in our heads, this is what they said in my head

    ChrisBex: I saw them walking out to the back from the house, then after I stopped recording I looked through a crack in the fence. Furthermore, I walked to the front yard and I saw him (or her) again carrying the can.
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  9. #68
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    Default Re: Neighbors destroying colonies

    Holy smoke you did a good job staying cool. Not sure it would have turned out so well with me lol. Good luck and I hope you get what is due to you.

  10. #69
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by thehackleguy View Post
    As long as we are making things up in our heads, this is what they said in my head

    ChrisBex: I saw them walking out to the back from the house, then after I stopped recording I looked through a crack in the fence. Furthermore, I walked to the front yard and I saw him (or her) again carrying the can.
    Lawyer: My client was walking outside to water the garden, saw some kind of commotion, noticed a can on the ground by the fence and picked it up. Then proceeded to carry it around the front of the house to properly dispose of it.

    Again, if ChrisBex did not actually see the person there is little chance of winning a lawsuit. It this case it would be better not to even have the video and just say that your were looking out a second story window and clearly saw you neighbor Bob spraying the bees over the fence.
    Honey Badger Don't Care ಠ_ಠ ~=[,,_,,]:3

  11. #70
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    Default Re: Neighbors destroying colonies

    None of this is ever going to court so all the armchair legal advice is kind of pointless.

    If you can convince the police to arrest him, or at least show up at his house, do it.

    Also, cut your losses and move the hives away from his fence.

    Doesn't matter who is right, but I can tell from the way he dealt with the situation that he is the kind of crazy person you don't to be involved with. And as a neighbor you are stuck living next to him.

    We have a pretty serious dispute going on in our neighborhood over a tree that got cut down, people can really get nasty and defensive over nothing when it involves their personal space.

    Send him a nice letter that says "I am sorry if my bees caused you trouble. I have moved them away from the fence. Please do not spray them, if you have an issue with them please just tell me."

    It feels horrible being the nice guy when the other guy is a jerk, but that's often the way to get the best outcome.

  12. #71
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    Default Re: Neighbors destroying colonies

    You handled it well. violence would have only landed you in jail since they were not on your property.
    You can always take him to small claims court and let a JP hear the case if you can't get anything done criminally. You can use the argument that your equipment is now contaminated and unfit for food production. It costs very little to file and I would bet with the video you have the judge hearing the case will find in your favor.
    Letting it go will probably only serve to embolden them. It doesn't appear as though there is any type of friendly relationship at risk of being damaged. It is doubtful they are going to invite you over any time soon for a few beers and steaks on the grill.
    Most of the time people will only run over you if they think they can get away with it. No bully fears or respects an appeaser.
    Last edited by devil dog; 07-13-2015 at 04:22 PM.

  13. #72
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    Default Re: Neighbors destroying colonies

    if it hasn't already been said, you should have held the camera high enough over the fence to see who it was as they where spraying. Otherwise, they may deny it was them, and you may have trouble proving who it was.

  14. #73
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    Default Re: Neighbors destroying colonies

    The kid: Why would the size of the lot matter? Bees fly. What matters is the amount of forage in a 5-mile radius. Or am I missing something?

  15. #74
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by jwcarlson View Post
    The whole time I was watching the video I was saying to myself put the camera up over the fence so we can see them! PUT IT UP OVER THE FENCE!!!

    Not sure how you "prove" it was them regardless what you know.

    What terrible neighbors. Are one of you new to the 'hood'?
    That's what I was thinking, as well. I don't see any real video evidence. That could have been anyone spraying that.

  16. #75
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by Nabber86 View Post
    For "legal purposes" you have to convince a judge. The judge does not read Bee Source and has to be impartial. Even if you claimed that you saw your neighbor through the fence (looks like a pretty tight fence to me), the video is not evidence and pretty much worthless. For all the judge knows you could have staged the whole thing to get back at your neighbor for some other feud that has been going on.
    .
    Just because the camera doesn't get a good look through the fence doesn't mean the OP didn't get a good look as they would be at different angles and the camera would be focusing on the fence not trying to focus on what was through the cracks. Do you think if your neighbor was standing on the other side of a picket fence you wouldn't be able to tell within a few seconds of peeking it was indeed your neighbor? As long as the OP is credible I can't imagine a judge not believing him, eyewitness testimony sends people to prison even without DNA, fingerprints, and 3 different camera angles despite what some might think. And if the neighbor decides to go with your story about watering the garden and disposing of a found can I would think any decent lawyer would advise against it as lying under oath is perjury, which is a felony.
    Last edited by BeeCoolBro; 07-14-2015 at 07:43 AM.

  17. #76
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    Default Re: Neighbors destroying colonies

    I hope that this works out okay. My first instinct would be talking with my neighbors and trying to see why they would spray my bees and then go from there. If that wasn't an option involving the authorities is a logical next step. Was it an underage person or an adult?

  18. #77
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    Default Re: Neighbors destroying colonies

    Bees will fly over the fence not thru it and from what I have read they stay at that height till they have to go higher or they find a source of food or water.

    If the guy next door is not the one spraying he is still responsible for damages because someone did it from his side of the property. Could have been one of his kids,his wife or just a friend of his. He is responsible for what goes on on his property.

    As for the fence and who owns it. Where I came from you own the fence on one side of the yard (usually the good side facing your yard), the neighbor on the other side of the yard owns that fence also with the good side facing his side of the fence.

  19. #78
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by Nabber86 View Post

    Again, if ChrisBex did not actually see the person there is little chance of winning a lawsuit. It this case it would be better not to even have the video and just say that your were looking out a second story window and clearly saw you neighbor Bob spraying the bees over the fence.

    Exactly, ChrisBex never said "I didn't see who it was" I could see a person moving in the cracks of the fence in the video so it makes complete sense to me that they could have just peered through the fence. And in my made up story in my head that is what happened....just like in your made up story they have no idea who the mystery neighbor is....We can call them the Evil Spray Can Bandit (not to make light of your situation ChrisBex)
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  20. #79
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by craneman54 View Post
    Bees will fly over the fence not thru it and from what I have read they stay at that height till they have to go higher or they find a source of food or water.

    If the guy next door is not the one spraying he is still responsible for damages because someone did it from his side of the property. Could have been one of his kids,his wife or just a friend of his. He is responsible for what goes on on his property.

    As for the fence and who owns it. Where I came from you own the fence on one side of the yard (usually the good side facing your yard), the neighbor on the other side of the yard owns that fence also with the good side facing his side of the fence.
    Your not paying attention! Nabber86 said it....it must be correct, he is a lawyer after all.
    zone 5b
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  21. #80
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    Default Re: Neighbors destroying colonies

    Quote Originally Posted by tanksbees View Post
    It feels horrible being the nice guy when the other guy is a jerk, but that's often the way to get the best outcome.
    I have seen my wife turn a horrible situation around by just smiling and being extra nice time and time again. I wish I could master it. It amazes me how well it works.
    Brian Cardinal
    Zone 5a, Practicing non-intervention beekeeping

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