Invasive tall fescue - Ask Extension
Tall fescue has invaded my property from a grassfield upwind across the road. Winds blew from that field during harvest last year, then the farm work...
Knowledgebase
Invasive tall fescue #866865
Asked May 03, 2024, 10:08 AM EDT
Tall fescue has invaded my property from a grassfield upwind across the road. Winds blew from that field during harvest last year, then the farm workers cleaned their equipment with air compressors. Fescue is now over two feet in my yards and gardens, and starting to seed. Do grass seed farmers carry liability for such damage, what can I do to resolve this huge problem? I am an Orego Farm Bureau member
Linn County Oregon
Expert Response
It sounds like the farmer is growing a common crop and using standard farming practices, in which case they would be protected by Oregon's Right to Farm Law. This law was created to protect farmers from lawsuits in this type of situation. It states "No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based on nuisance or trespass." You can read more about this law here:
https://www.oregon.gov/oda/shared/Documents/Publications/NaturalResources/RightToFarm.pdf
Please note that I am not a lawyer, and I recommend that you consult with a lawyer for any legal advice.
I am sorry to hear that you are dealing with an unwanted plant on your property. Unfortunately, seeds have evolved to spread very effectively and tall fescue can be found in nearly every ditch, pasture, fencerow, and in many lawns throughout the Willamette Valley. Weeds (plants growing where they are not wanted) are a problem all gardeners must manage. To control this plant on your property, I suggest you start by removing the seed heads before they mature to limit further spread. The established plants can be removed by hand weeding or chemical methods. If you choose to use herbicides, read the label carefully and follow all instructions to protect yourself and any desirable plants. Learning to recognize tall fescue seedlings and removing them when they are small will help it under control.
Finally, a positive and friendly relationship with your neighbors can go a long way in resolving these types of disputes. If you have a good relationship with your neighbor, they might be willing to clean their equipment in a different part of the field, if asked nicely. However, they might clean equipment close to the field access driveway, so it might not be feasible to do it elsewhere.
https://www.oregon.gov/oda/shared/Documents/Publications/NaturalResources/RightToFarm.pdf
Please note that I am not a lawyer, and I recommend that you consult with a lawyer for any legal advice.
I am sorry to hear that you are dealing with an unwanted plant on your property. Unfortunately, seeds have evolved to spread very effectively and tall fescue can be found in nearly every ditch, pasture, fencerow, and in many lawns throughout the Willamette Valley. Weeds (plants growing where they are not wanted) are a problem all gardeners must manage. To control this plant on your property, I suggest you start by removing the seed heads before they mature to limit further spread. The established plants can be removed by hand weeding or chemical methods. If you choose to use herbicides, read the label carefully and follow all instructions to protect yourself and any desirable plants. Learning to recognize tall fescue seedlings and removing them when they are small will help it under control.
Finally, a positive and friendly relationship with your neighbors can go a long way in resolving these types of disputes. If you have a good relationship with your neighbor, they might be willing to clean their equipment in a different part of the field, if asked nicely. However, they might clean equipment close to the field access driveway, so it might not be feasible to do it elsewhere.
