Saturday, November 14, 2009

Has anyone sued their neighbor over bamboo?

I understand that the rhizomes that entered my yard from my neighbor's bamboo is called trespassing. Has anyone hired a lawyer to write a cease-and-desist" letter? Has anyone taken their neighbor to small claims court for their trespassing bamboo?





The rhizomes are destroying my hardscape and landscape. They refuse to install a barrier on their property but have no problem with digging a trench in our yard and telling their gardener to cut back any shoots. I have been very clear that they need to contain the bamboo to their yard. I researched ways they can control it and passed along a couple websites and specialists who can assist them in containing their bamboo. They are resisting.





If I install the barrier, the bamboo will be encroaching on my property. Has anyone hired a lawyer to write a "adverse posession" letter? Has anyone tried charging their neighbor rent for the encroachment?





I live in southern California. Thanks in advance for any help in this matter.

Has anyone sued their neighbor over bamboo?
Sorry, the first poster is wrong. The bamboo is damaging this person's property. The fact that they (the neighbor), will not take responsibility for their damage would warrant a visit to a lawyer. Most lawyers will give a free consultation of 20 minutes or so.


I have not had personal experience with this, however, I am in college for a Horticulture Degree with a specialty in Landscape Design. One of the things that has been impressed upon me as a student, is that if something you do on your client's property impacts someone else's property negatively, you as the designer, or homeowner, can be sued. People spend alot of money on landscaping, ESPECIALLY hardscape. To have someone plant something that crosses over and damages valuable landscaping, decreases the value of the property.


Consult a lawyer. And good luck.
Reply:Nice neighbor. No, I mean you. Come to a compromise. I'm sure you could find a solution without involving lawyers, and at a real good savings. Either that or take this question to the category where it belongs, because gardening is for people that like their neighbors.
Reply:I have the same problem. My neighbor has gone too far, not only letting his ugly bamboo spread into neighboring yards, he installed a root barrier inside his yard to stop the bamboo from eating his house. The barrier forces it to grow in the opposite direction, which is my yard! I have done a lot of research about this online. I have read stories that these irresponsible neighbors have been made to remove the bamboo, including the underground root system, pay for damages to property and install barriers to contain it. If I could afford it, I would have had a lawyer 4 years ago. Right now I am putting in complaints to my local authorities. My neighbor is in clear violation of the nuisance ordinances for my county. While doing research on this I have seen many comments on different forums of people advising others to plant running bamboo near the property lines of neighbors they do not like or have a dispute with. There has got to be something done to protect property owners from people like this. Running bamboo lowers property value and these people should not be allowed to negatively affect others. If you are part of a HOA you may want to check with them to see if they have any restrictions on grass height, since bamboo is a grass. The neighbor may not want 4" bamboo and decide to remove it.





I too have suggested to my neighbor to install a barrier on the property line. He refused, saying it is not his problem. A barrier must be done correctly or it's of no use. It should be done by a pro with experience in containing running bamboo. This is an expense I can not afford and I feel very strongly that he is the one that wants the bamboo he needs to pay to keep it on his property.





Please keep me posted if you have any success on putting a stop to your neigbors invasion of your property.

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