My Dad is retired from the dept of agriculture. He
used to testify in court in quite a few animal poisoning cases. (They did
the lab work to show what made the animal sick and how the tests were done,
ect.) I don't know what the laws are for your state, but having informed your
neighbor that the plant is poisonous, he should be responsible for keeping it on
his own property. If your horse gets out and gets into it, he would not be
liable, but if his plants wind up in your pasture, he is resonsible for any
bills or loss caused by his not keeping his stuff in his yard.
It would be a civil suit if it were accidental, a
criminal case if, having been informed of the possible effects to your horse, he
was negligent in trying to keep it out of your pasture or tossed clippings over
or near the fence. It might even possibly be criminal if he burns or composts
where it can blow into your pasture.
There may not be a law about planting them, but
allowing a known toxin to escape his property and get to your livestock is
different.
Contact a lawyer. Have the lawyer notify him that
the oleander is poisonous and can be tested for if your horse gets sick again.
If your livestock becomes ill from oleander poisoning, he is liable. Then you
have proof that he knows.
Also, if you want to play hard ball, contact his
home owners insurance company. The insurance company will raise his rates, drop
him, or add a rider that they will not cover damages. It may encourage him
to remove the potential liability from his property.
If he is using the bushes as a screen so he
doesn't have to look at the pasture, you may want to offer to help replace the
bushes with something that wouldn't be an issue for the horses.
If you kill his bushes, he can sue you for
replacement cost, then replant oleander or something just as nasty. If you
are going to start a war with the neighbor, you might as well have the law on
your side instead of his.
I have never sued anybody and I personally think
that if you can deal with something without making the neighbors hate you that
is the best. But sometimes you gotta do what you gotta do.
