Grapes, dead fish, sulphur and bullies

[Jim Dixon]

Hi OP

There IS a set back. And, there is ALSO an easement as well. Just because he put his fence on public lands doesn't automatically erase easements, setbacks, and property lines.

As a matter of interest, he has also put our own private telephone pole behind his fence that sits on public lands preventing us from access to the pole. That is the kind of person he is - IMHO.

Raw, non-deodorized fish fertilizer should not be sprayed to the point where it goes through a open window 30 feet across the room (about 40' from his spray fan, with the mist landing on a table top where you can wipe your hand on it and your hand smells like dead, rotting fish. Instead, the Beaumont Bully could reduce the fan speed, and point the spray away, while using the other kind of fish fertilizer that has been deodorized.

FYI-OP, I have supported farming on the Westside since 1991. I have joined ranks with the reasonable and responsible farmers to promote agri-tourism, and when people complain about the smoke when it's burning time, that if they want chipped up blight being spread through gardens - think. THINK!

Today would be a good day to step outside here and get a whiff. It was very windy, with the wind coming across the vineyard towards this and the houses down the street, and he sprayed anyway. The sun is coming out now and warming up that nice soupy dead fish muck on the plants. Can't wait.

As I said, I let the elm hedge grow into trees to try to keep some of the spray away with little effect.

I've had cancel the planned Bar-B-Q with friends this evening because of the stench. Human waste, when dried, cured then slurried like fish fertilizer, is a good organic fertilizer for the lawn. I'd love to, but I can't - he can. I'm a resident, he is a business man, and Liberals only hear, support, and protect and promote businesses. Reganomics


BTW - I have invited politicians, seven over the years, to test the air themselves. No reply. Waiting now for a democratic government to get in power in BC.

jim

LANDM: Great post. Fully agree.

OP: There is no setback. He can plant trees/vines right at his property line. Tho you can cut back branches or take the fruit that grows over that line and on your side.

However, there are legal setbacks required for most sprays. If he's got a line of grapes right on the property line, they'd better be going for organic status (probably are if they're using fish fertilizer - that's the only reason most people would use it) as almost every spray has minimum setbacks associated with it.

Long story short - plants are allowed on the property line, most sprays are not. Setbacks vary dramatically by the spray and other influencing factors (such as presence of water).

[Kalvin K]

Hi OP

There IS a set back. And, there is ALSO an easement as well. ...

jim

Hi Jim. I'm confused. You address your post to the OP, but you are the OP? Since you quoted my post, I'll assume it was directed to me.

I'd like you to prove your statements about there being a setback and an easement.
- I grew up on farms, planted untold numbers of plants. It's common practice to plant along a fence line. I've never seen anything preventing this practice. I've read Kelowna and Lake Country bylaws (It's bylaw the dictates setbacks if you didn't know). Both bylaws only mention setbacks for structures. No mention of any other setbacks of any type. You're going to have to point to documentation of an actual setback.
- You mention easement. Are you sure you know what an easement is? It doesn't seem so. Regardless - there's nothing stopping you from planning on an easement. There are pitfalls to doing so (you may have to remove the plants or allow them to be trampled when the easement is used) but there is nothing preventing anyone from planting on an easement. You must not block access to an easement, nor are you allowed to place a permanent structure on an easement - but there's nothing that says you can't put plants on an easement. Perhaps it would help if you explained why the easement is in place?

Everything I read points to a inconsiderate neighbor, but not a neighbor who's breaking any laws or rules. As I've said before - the only reason to use fish fertilizer is for organic status. There are cheaper, less offensive, and more effective options for those not looking for organic status. If that's the case - while the smell might suck, at least you don't have to worry about other sprays, etc.

As for the fence. If it bugs you, call out a surveyor and have the property line marked. Once that's done, you can talk to your neighbor about options. If it's on your side it's within your right to tear it down.

[Jim Dixon]

Hi Jim. I'm confused. You address your post to the OP, but you are the OP? Since you quoted my post, I'll assume it was directed to me.

Every day, there are new acronyms for the same things. Many cliques (like Castanet forums) eventually create their own unique acronyms. What's an "OP" and who cares any way?

I'd like you to prove your statements about there being a setback and an easement.

1. "prove"??? I don't have to prove anything in a court of public opinion. But, it is our telephone pole, not hydro's, that he fenced as if it were on his property.
2. Regardless, he sent his wife over to tell us to move our cars out because they were going to fence the 'lane' and use it because .... as his wife said, "it's our property" - it's highways, now the city's - proof lay at city hall. He didn't get the extra free land. It still belongs to the city - now.
3. Regardless of setbacks, as described to me by highways, on their maps and the water rights easement, the farmer built his fence taking in the setback and along the easement right.
4. Regardless of that, he has no legal right to spray beyond the fence. See BC Farm Industry Review Board case as provided to me by the Board (link below).
5. He does not have the right to spray beyond his fence and in to my house., NONE!

Everything I read points to a inconsiderate neighbor, but not a neighbor who's breaking any laws or rules.

The Board and Ministry disagree with you.

As for the fence. If it bugs you, call out a surveyor and have the property line marked. Once that's done, you can talk to your neighbor about options. If it's on your side it's within your right to tear it down.

I guess you missed the part about the spray passing through the chain-link fence and directly into any open window in our home, not counting everything in the yard is the issue. The fence line is where he exceeds the need to spray.

I don't care if he is spraying water or paint! He doesn't have the right to spray anything in to any house or onto another property. I can't accept what you tell me as factual because you are not a expert; only raised on farms as you said, have no authority over him or me, and haven't spent years with a government that wants no part of protecting home owners from dictatorial businesses. No offense, but I've had a lot of time wasted with a variety of government departments that don't have any authority - or don't want to "get into a *bleep* match between neighbours".

The government cop-out sent to me as a link shows how he is in the wrong. The link won't work on this old forum so copy & paste. http://www2.gov.bc.ca/assets/gov/britis ... cision.pdf