Property Law and Tree Damage

Property Law and Tree Damage

Even healthy live oaks need maintenance and occasional trimming to stay safe. Photo credit: Carrie Stevenson, UF IFAS Extension

After storms, Extension agents are routinely asked about whose responsibility it is to maintain a tree along a property line. This becomes particularly important in a situation where a property owner’s tree or branch falls and causes damage to their neighbor’s home or possessions.

To clarify this often contentious issue, reference to legal experts is necessary. In a series of publications called “The Handbook of Florida Fence and Property Law,” two attorneys and a University of Florida law student explain several statutes that give us direction. The section on “Trees and Landowner Responsibility” goes into further detail and cites case-law, but for ease of reading it is summarized below.

Situation 1: Removing a healthy tree on a shared property line.
If two neighbors share a tree on their property line and one of them wants to remove it, the adjoining landowner must give their permission. Removing trees can impact property value, heating/cooling bills, or aesthetic value. Without a neighbor’s consent, the landowner cutting down a tree can be legally liable for damages.

Hurricanes can have serious impacts on trees in their path. Photo credit: Carrie Stevenson, UF IFAS Extension

Situation 2: Responsibility for overhanging branches and roots.
A big storm hits your neighborhood, with tons of rain, wind, and lightning. You wake up in the morning and see that a large branch fell from your neighbor’s tree and crushed your kids’ basketball goal. If branches from the neighbor’s tree were otherwise healthy, they are not responsible for any damages resulting from the tree. If it was dead, however, and their negligence contributed to the branch falling, they will be responsible for damages.
Keep in mind that if the neighbor’s tree/branches/roots are in good health but interfering with something in your yard, you may trim them at your own expense. The same goes for your tree hanging in their yard, so while it’s not required, it’s always good to have a conversation first to let them know your plans.

 

After Hurricane Ivan, this tree's root system completed uprooted and destroyed and adjacent fence. Photo credit: Beth Bolles

After Hurricane Ivan, this tree’s root system completely uprooted and destroyed and adjacent fence. Photo credit: Beth Bolles, UF IFAS Extension

Situation 3: Hurricane Sally blew your neighbor’s tree over and into your yard.
Just like the situation with branches and roots, the same principle goes for an entire tree falling on adjoining property—if the tree was alive, it’s the responsibility of the person whose yard it fell in. If it was dead when it fell, it’s the responsibility of the tree’s owner to pay for damages.

In a complicated situation involving property damage, the saying, “good fences make good neighbors” only goes so far. Be sure to note the health of your trees throughout the year and trim back dead or dying branches. If you see serious decay or have concerns about a tree’s health, contact your county Extension office or a certified arborist. Finally, if the circumstances aren’t easily determined, be sure to contact a licensed attorney and/or your insurance company for direction.

Try Chinese Pistache for a Small Tree Selection

Try Chinese Pistache for a Small Tree Selection

Many people often request a recommendation for a small tree that will be suitable for their landscape and one to consider is the Chinese Pistache, Pistachia chinensis. Although not a native tree, Chinese Pistache does not have invasive potential so it can make a suitable option for both commercial and residential landscapes.

Berries also offer nice fall color. Photo by Beth Bolles, UF IFAS Extension Escambia County

The best features of Chinese Pistache are the fall color it offers with orange leaves, followed by clusters of salmon berries. It will lose its leaves as days shorten but you can enjoy the textured bark during the winter season. Compound leaves offer interest as well during the spring and summer. Adding some medium to fine textured foliage plants under and around trees will provide a nice landscape display.

Chinese Pistache has been an attractive feature in the Escambia County Demonstration Garden for over 20 years. Photo by Beth Bolles, UF IFAS Extension Escambia County

A positive feature of Chinese Pistache is that once it is established, it is tolerant of drought.  Expect trees to be about 25 to 30 feet in height with a 20 to 25 foot spread.  Each tree will have it own unique branch structure and some pruning will be required when trees are young to develop strong connections.  You may plant as a full sun tree to provide a little dappled shade for your garden or use as an understory tree in partial shade.

Are We Creating Super Bugs?

Are We Creating Super Bugs?

Normally, you will have one of four answers:  “yes”, “no”, “I don’t know” or “what are super bugs?”  The answer to the last one is an insect or other pest that has become resistant to chemical treatments through either natural selection (genetics) or an adaptive behavioral trait.

The next question is do you treat insect or pest problems at home with a purchased EPA registered chemical (one purchased from the nursery or other retailer)?  If you answered yes, then the next question is how many times in a row do you apply the same chemical?  If you only use one chemical until the product is used up, then you might be creating super bugs.  Do you ever alternate chemicals and if you answer yes, do you understand chemical Modes of Action (how the pesticide kills the pest)?  If you do not, then chances are the rotating chemicals might act in the same way.  Thus, you are creating super bugs because in essence you are applying the same chemical with different labels.

MoA resistance diagram

Click on image for a larger view. Taken from https://edis.ifas.ufl.edu/in714.

One of the first ways to reduce creating super bugs is to practice Integrated Pest Management (IPM).  The very last step of an IPM philosophy is chemical control. You should choose the least toxic (chemical strength is categorized by signal words on the label:  caution, warning, and danger) and most selective product.  A chemical label advertising it kills many pests is an example of a non-selective chemical.  You want to choose a chemical that kills your pest or only a few others.  In Extension education, you will always hear the phrase “The label is the law.”  To correctly purchase a chemical, you must first correctly identify the pest and secondly the plant you want to treat.  If you need help from Extension for either of these, please contact us.  Before purchasing the chemical, always read the whole label.  You can find the label information online in larger print versus reading the small print on the container.

IRAC app

IRAC phone app.

You now have the correct chemical to treat your pest.  Wear the recommended personal protective equipment (PPE) and apply according to directions.  If your situation is normal, the problem is not completely solved after one treatment.  You might apply a second or third time and yet you still have a pest problem.  The diagram explains why you still have pests or more accurately super bugs.

Now the last question is how do we really solve the problem given that chemicals are still the only treatment option?  A bit more work will greatly help the situation.  You need to download the Insecticide Resistance Action Committee (IRAC) guide and find the active ingredient on your chemical label (http://edis.ifas.ufl.edu/pi121 or https://irac-online.org/modes-of-action/ and select the pdf).  If you are like me, you can just download the IRAC MoA smartphone app and type in the active ingredient; otherwise, Appendix 5 in the pdf has a quick reference guide.  Either way, you will know the Group and/or Subgroup.  A lot of commonly purchased residential chemicals fall within 1A, 1B or 3.  The successful treatment option is to select chemicals from different group numbers and use them in rotation.  If you start practicing this simple strategy, your treatment should be more successful.  Then when someone asks if you are creating super bugs, your answer will be no.

If you have any questions about rotating your chemical Modes of Action, please contact me or your local county Extension agent.  For more resources on this topic, please read Managing Insecticide and Miticide Resistance in Florida Landscapes by Dr. Nicole Benda and Dr. Adam Dale (https://edis.ifas.ufl.edu/in714).

Biological Control of Air Potato by a Beneficial Beetle

Biological Control of Air Potato by a Beneficial Beetle

Article by Jessica Griesheimer & Dr. Xavier Martini, UF/IFAS North Florida Research and Education Center, Quincy

Dioscorea bulbifera, commonly known as the air potato is an invasive species plaguing the southeastern United States. The air potato is a vine plant that grows upward by clinging to other native plants and trees. It propagates with underground tubers and aerial bulbils which fall to the ground and grow a new plant. The aerial bulbils can be spread by moving the plant, causing the bulbils to drop to the ground and tubers can be spread by moving soil where an air potato plant grew prior. The air potato is commonly confused with and mistaken as being Dioscorea alata, the winged yam which is also highly invasive. The plants look very similar at first glance but have subtle differences. Both plants exhibit a “heart”-shaped leaf connected to vines. The vines of the winged yam have easily felt ridges, while the air potato vines are smooth. They also differ in their aerial bulbil shapes, the winged yam has a long, cylinder-shaped bulbil while the air potato aerial bulbil has a rounded, “potato” shape (Fig. 1).

In its native range of Asia and Africa, the air potato has a local biocontrol agent, Lilioceris cheni commonly known as the Chinese air potato beetle (Fig. 2). As an adult, this beetle feeds on older leaves and deposits eggs on younger leaves for the larvae to later feed on. Once the larvae have grown and fed, they drop the ground where they pupate to later emerge as adults, continuing the cycle. The Chinese air potato beetle will not feed on the winged yam, as it is not its host plant.Current methods of air potato plant, bulbil, and tuber removal can be expensive and hard to maintain. The plant is typically sprayed with herbicide or is pulled from the ground, the aerial bulbils are picked from the plant before they drop, and the underground tubers are dug up. The herbicides can disrupt native vegetation, allowing for the air potato to spread further should it survive. If the underground tuber or aerial bulbils are not completely removed, the plant will grow back.

The Chinese air potato beetle is currently being evaluated as a potential integrated pest management (IPM) organism to help mitigate the invasive air potato. The beetle feeds and reproduces solely on the air potato plant, making it a great IPM organism choice. During 2019, we studied the Chinese air potato beetle and its ability to find the air potato plant. It was found the beetles may be using olfactory cues to find the host plant. Further research is conducted at the NFREC to increase natural aggregation of the beetles on air potato to improve biological control of the weed.

Chinese Air Potato Leaf Beetle.

If you have the air potato plant, or suspect you have the air potato plant, contact your local UF/IFAS Extension Agents for help!

 

Using a Buckwheat Cover Crop in Raised Bed Gardens

Using a Buckwheat Cover Crop in Raised Bed Gardens

2020 has not been the most pleasant year in many ways.  However, one positive experience I’ve had in my raised bed vegetable garden has been the use of a cover crop, Buckwheat (Fagopyrum esculentum)! Use of cover crops, a catch-all term for many species of plants used to “cover” field soil during fallow periods, became popular in agriculture over the last century as a method to protect and build soil in response to the massive wind erosion and cropland degradation event of the 1930s, the Dust Bowl.  While wind erosion isn’t a big issue in raised bed gardens, cover crops, like Buckwheat, offer many other services to gardeners:

Buckwheat in flower behind summer squash. Photo courtesy of Daniel Leonard.

  • Covers, like Buckwheat, provide valuable weed control by shading out the competition.  Even after termination (the cutting down or otherwise killing of the cover crop plants and letting them decompose back into the soil as a mulch), Buckwheat continues to keep weeds away, like pinestraw in your landscape.
  • Cover crops also build soil. This summer, I noticed that my raised beds didn’t “sink” as much as normal.  In fact, I actually gained a little nutrient-rich organic matter!  By having the Buckwheat shade the soil and then compost back into it, I mostly avoided the phenomena that causes soils high in organic matter, particularly ones exposed to the sun, to disappear over time due to breakdown by microorganisms.
  • Many cover crops are awesome attractors of pollinators and beneficial insects. At any given time while my Buckwheat cover was flowering, I could spot several wasp species, various bees, flies, moths, true bugs, and even a butterfly or two hovering around the tiny white flowers sipping nectar.
  • Covers are a lot prettier than bare soil and weeds! Where I would normally just have either exposed black compost or a healthy weed population to gaze upon, Buckwheat provided a quick bright green color blast that then became covered with non-stop white flowers. I’ll take that over bare soil any day.

Buckwheat cover before termination (left) and after (right) interplanted with Eggplant. Photo courtesy Daniel Leonard, UF/IFAS Calhoun County Extension.

Now that I’ve convinced you of Buckwheat’s raised bed cover crop merits, let’s talk technical and learn how and when to grow it.  Buckwheat seed is easily found and can be bought in nearly any quantity.  I bought a one-pound bag online from Johnny’s Selected Seeds for my raised beds, but you can also purchase larger sizes up to 50 lb bags if you have a large area to cover.  Buckwheat seed germinates quickly as soon as nights are warmer than 50 degrees F and can be cropped continuously until frost strikes in the fall.   A general seeding rate of 2 or 3 lbs/1000 square feet (enough to cover about thirty 4’x8’ raised beds, it goes a long way!) will generate a thick cover.  Simply extrapolate this out to 50-80 lbs/acre for larger garden sites.  I scattered seeds over the top of my beds at the above rate and covered lightly with garden soil and obtained good results.  Unlike other cover crops (I’m looking at you Crimson Clover) Buckwheat is very tolerant of imperfect planting depths.  If you plant a little deep, it will generally still come up.  A bonus, no additional fertilizer is required to grow a Buckwheat cover in the garden, the leftover nutrients from the previous vegetable crop will normally be sufficient!

Buckwheat “mulch” after termination. Photo courtesy of Daniel Leonard, UF/IFAS Calhoun County Extension.

Past the usual cover crop benefits, the thing that makes Buckwheat stand out among its peers as a garden cover is its extremely rapid growth and short life span.  From seed sowing to termination, a Buckwheat cover is only in the garden for 4-8 weeks, depending on what you want to use it for.  After four weeks, you’ll have a quick, thick cover and subsequent mulch once terminated.  After eight weeks or so, you’ll realize the plant’s full flowering and beneficial/pollinator insect attracting potential.  This lends great flexibility as to when it can be planted.  Have your winter greens quit on you but you’re not quite ready to set out tomatoes?  Plant a quick Buckwheat cover!  Yellow squash wilting in the heat of summer but it’s not quite time yet for the fall garden?  Plant a Buckwheat cover and tend it the rest of the summer!  Followed spacing guidelines and only planted three Eggplant transplants in a 4’x8’ raised bed and have lots of open space for weeds to grow until the Eggplant fills in?  Plant a Buckwheat cover and terminate before it begins to compete with the Eggplant!

If a soil building, weed suppressing, beneficial insect attracting, gorgeous cover crop for those fallow garden spots sounds like something you might like, plant a little Buckwheat!  For more information on Buckwheat, cover crops, or any other gardening topic, contact your local UF/IFAS County Extension Office.  Happy Gardening!

Making Effective Herbicide Selections

Making Effective Herbicide Selections

BooksEarlier this summer I talked about getting to know your weeds, so they’ll be easier to control. If you missed that article you can review it here “Why Can’t I Kill Weeds?”

Today we will look at the types of herbicides available so your selection will fit your situation.

Understand your herbicide options. Picking out the appropriate herbicide can be overwhelming. The options seem unlimited when you are standing in the store looking at aisles of containers. By preparing yourself before you shop you can save time and increase your chances of making the most effective selection. Here are some herbicide basics:

  • Label interpretation. The pesticide label is a multipage document that describes ingredients, how a pesticide works, application instructions, safety requirements, and other important information for the user. Before applying any pesticide (yes, herbicides are pesticides!) you should read the entire label. Pulling the label off the package in the store may be frowned upon and the print is very small. For this reason, I would recommend looking up a few options before you go shopping and reading the labels online. This allows you to take your time to be sure you understand if it is the appropriate product and you can make your shopping list for personal protective and application equipment before you leave the house. Three important things to look for when selecting your product are active ingredient, labeled site (site includes the location such as residential landscape vs. agricultural crops and the plants it is safe to use on), and targeted pest.
  • Grass showing reaction to herbicide

    Non-selective, systemic herbicide damage on grass. Photo: J_McConnell, UF/IFAS

    Pre-emergent herbicides. Pre-emergent herbicides provide control when applied BEFORE seed germination of your target weed. They do not prevent germination, rather they prevent emergence of shoots and roots essentially inhibiting normal plant growth which eventually results in plant death. It is important to have your product in place during the correct window of time. Typically, 1-2 weeks before germination of your target weed is ideal.

    • For warm season annual weeds (crabgrass, goosegrass, sandspur, and spurge are examples) apply pre-emergent herbicides when day temperatures in early spring reach 65-70°F for 4-5 consecutive days. This may be mid-February or as early as January.
    • For winter annual weeds (henbit, black medic, geranium, and chickweed are examples) watch for night temperatures in the Fall to reach 55-60°F for several nights in a row to indicate proper application timing.
    • Some products are selective to plant types such as grasses, sedges or broadleaf weeds. Other products are more broad-spectrum and are effective on multiple weed types.
    • Pre-emergent herbicide should not be used if you intend to plant seed – it will affect your desired plant in addition to the weed! There may also be effects on newly planted lawns or plants, so be sure to read the label closely to avoid damage to non-target plants.
  • Post-emergent herbicides. These products are used on weeds that have already emerged, regardless of life cycle (annual, perennial, biennial). This type of herbicide will be applied directly to the weed you are trying to kill. There are a few categories within this group.
    • Selective or non-selective.
      Selective herbicides work on particular categories of plants: broadleaf, sedge, grass, or woody plant.
      Non-selective herbicides can kill any type of plant regardless of category.
    • Contact or systemic.
      Contact herbicides kill the plant tissue it comes into contact with and does not translocate to the rest of the plant.
      Systemic herbicides are translocated throughout the plant to affect more than just the place of absorption. These are ideal for perennial weeds that would regenerate from roots, bulbs, or tubers if the top is damaged or killed.

Effective weed management requires some preparation and research for the best outcome. For help with weed identification and control recommendations, contact your local UF/IFAS Extension Office.

Further reading on weeds and herbicides:
Florida Homeowner Herbicide Guide: Considerations, Applications, and Selection 
Postemergent Herbicides for Use in Ornamentals
Weed Management Guide for Florida Lawns