Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My neighbor has piles of dry wood everywhere leaning on the wooden fence. They are full of termites and they have gotten into my house. She recently had her house tented and was told they wouldn’t guarantee their job because of all the trash around her house. Is there something I can do? Can they make her get rid of all the infested lumber and pay for my damages?
That’s a good question, which I would suggest you refer to a local real estate attorney. Cleaning up the trash is probably governed by your local (city, town,
county) ordinances. There are often requirements to keep your property
minimally in order, and these can be enforced by the appropriate agency.
My other thought, though, is that there might be a trespass or nuisance claim that you can bring directly against your neighbor. Because the termites have gotten on to your property, one could argue that your neighbor effectively caused the damage (cost of repair and treatment). However, because of the nature of termites I’m not sure whether that claim would be effective. Again, a local real estate attorney should be able to do some research and find out.
