Wednesday, February 1, 2012

Are we financially responsible for bamboo that grew under our fence into a neighbors yard?

Our bamboo has grown under the fence and into a neighbors yard, even though we put in the barrier recommended by the nursery, he has told us that he is going to have someone come in and take out the bamboo on his property and bill us for the work. Can he do this when we took reasonable steps to prevent the growth?

Are we financially responsible for bamboo that grew under our fence into a neighbors yard?
You should check with an attorney because the laws may vary from place to place. Even if you are responsible, there might be limits. How long did he let the damboo grow?
Reply:It depends on your state - but in most states people are reponsible to maintain their own yards. This frequently comes into play when a tree grows branches onto your property - leaves fall and make a mess, etc. The neighbor is repsonsible for his own yard, even if the tree is growing on your property. This is good with fruit trees because the fruit becomes yours (the neighbor). Unless the bamboo has caused damage to some property, the neighbor will likely not be able to hold you responsible for trimming/removing/whatever, the bamboo.
Reply:I have heard a legend that there are states in which you would be held liable, but it's hard to imagine. The perspective that I understand is: Your neighbor has a right to slice off anything that grows over or into her yard ( which can produce some strange looking plants and trees sometimes). You have no right to stop your plants being trimmed by a neighbor once they become his plants.

(If my next door neighbors at their Dandelion Patch could be held liable for the palnts they spread, they would be sued by everybody else on the block for the costs of digging up the consequent dandelions in all the other lawns. )

There are usually local laws about particular plants, and you should check that. But most likely, if your neighbor hands you a bill forward it to "the Wizard."
Reply:Bamboo is a devil of a plant and can grow very deep.Your neighbour is well within his rights to charge you, but seeing you have to pay,ask him for a quote first.Do you know that bamboo can spread up to two miles? I'd get rid of yours as well.
Reply:Bamboo is considered to be an "invasive" plant. He probably has a case.


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