Monday, January 23, 2012

If I planted a Bamboo and spread out to the neighbor's back yard??

What is my right and their right ? I know there is a kind of bamboo that does not spread, but I am interested in particular kind. I also know there is a thing to prevent it from spreading. But that is not what I am asking. I am asking IN CASE of such, what is the legal involvement if any? Like branches hanging over to my property from a tree that belong to the neighbor, I can cut that branch off with in my property no big deal. But I have a rude nasty neighbor freak. I just want know before hand what is involved if my bamboo spread out to their back yard.

If I planted a Bamboo and spread out to the neighbor's back yard??
As a rule, in the event that greenery of yours spreads in any way to the backyard of your neighbor, you're going to find that the right of control extends to anything that is on their yard. If something is split between your yards, he is going to have control over his side of it.



I imagine that in some jurisdictions you could actually have a problem where an easement could be considered to have developed as a result of that.
Reply:As soon as it creeps into theyre yard they have the right to destroy any part that is it theyre yard and if it continues to do so they can call the police and most likely make you get rid of it or trim it down.
Reply:Most bamboo will spread. Do you have a fence? Talk to your neighbor about your plans. Or you can plant it in containers or dig a trench fill with rocks between your fence and bamboo plants so when shoot come up you can see then to pull them up.Not a big trench just about a foot wide and 6 inches deep. Worked for me.
Reply:You would be sued into oblivion, and rightly so, because you would have committed trespass to realty and nuisance. Your insurance will not pay for the defense or the damages. The ultimate result is that you will have to exterminate the bamboo and pay damages for the impaired use of their property by the neighbor, and then probably pay punitive damages on top of that. Expect to lose your house, your retirement funds, and everything else you own except for a bible, one change of clother, and personal effects worth not more than $10,000. Everything else is at risk.
Reply:Yeah he can cut the portion that extends over to his property (or sue alternatively). It falls under nuisance/trespass law. Even if you take reasonable measures to prevent your plant from spreading, he still has a good argument that his right to be free of your plant trumps your right to have a plant that spread onto his property.



If he does have a tree whose branches hang over onto your yard, you might make an agreement with him saying you won't cut his branches if he won't cut your bamboo.



good luck.
Reply:the way to avoid this is dig %26amp; install concrete cement in the ground between your yard..


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