Bamboo, again!

[difflock]

So our daughter bought a house about 5 years ago, which was rented out for about 3 years, now that she is living in it she has started to tidy up the neglected and overgrown  garden. In this process the neighbours over the boundary wall "braced" her about the invasive bamboo which had migrated under the wall and into their flagged back garden. Lydia started to remove the bamboo immediately, which she had been minded to do anyway.

The neighbouring  husband was on the warpath this afternoon again while Lydia was actually working at removing bamboo roots on her side of the wall.

Lydia had been quite unaware that the bamboo had migrated under the boundary wall until the neighbours first  spoke to her a month or so back.

What is the legal situation re liability?

Should she speak to her insurer?

Marcus

[openspaceman]

I'll await replies with some interest, my guess it will come down to whether the nuisance is actionable but little or no liability as she has done what she can to mitigate the problem.

 

No monetary losses been mentioned yet? If not I wouldn't involve insurers yet.

[Welsh cleaning services]

Is neighbour a bullying arsehole?

[PeteB]

A couple of years back, my missus was thinking of a buy to let mid terrace. But the survey noted that there was an invasive plant growing in the rear gardens of the row and that killed the sale. The vendor refused to tackle the problem and a mortgage was politely refused. On another property which she then brought, within days, the rear chimney started to collapse. All parties refused to get involved and it cost us dearly to put it right. I lost faith in solicitors,  estate agents, sellers, surveyors, developers and builders to the point that I question everything and am suspicious of the whole spineless lot!

[Dan Maynard]

I would have thought the neighbours are quite welcome to kill any roots that cross the boundary.

 

Glyphosate is going to be a lot cheaper than solicitors though.

[spudulike]

Probably easiest to keep digging out the rhizomes and spraying any new growth with glyphosate. Do it both sides if the neighbour allows it.

We had similar, wife's great idea to hide the log store, 5 years later...bloody jungle with shoots popping up all over the place. 2 years later....all dead by way of the above method.

I can see the neighbours point of view but he can't say too much if you are actively sorting out the issue....it takes time though!

 

[Steven P]

Not sure the legalities but they are plants. Not planted I guess to cause annoyance to the neighbour.

 

Imagine this scenario, my garden backs onto a small council owned wood, we get nettles and brambles growing in the garden obviously from the woods - I am sure a situation thousands of people are in. So are the council responsible? Should I call them and ask? How about anyone next to a grain field whose flower beds also grow a nice crop of wheat? call the farmer? All those dandelions, seeds blown from further up the road, should I call round and ask them to sort them out? In my view it is just one of those things.

 

You might also consider common practice if a tree hangs over your boundary, you are entitled to cut it back to the boundary no problem, can also take the fruit on your side too I think.

 

So based on that my opinion would be their garden they can do what they want but also their garden and they are responsible for the maintenance.

 

 

Where this argument fails a bit is with tree roots under foundation and if is your tree and a neighbours house you might get the insurers lawyers knocking.

 

 

 

Might not solve a problem though, telling the neighbour where to go never solves a problem, but I think your daughter is doing the right thing showing willing to remove them earlier than she might have otherwise, hopefully the neighbour will understand that she is sorting it out and needs some patience for the rots to die.

 

If he gets right arsy though, weed killer them yourself on his side and ignore his amazon delivery drivers when he is out.

[Jack.P]

I’d have thought trying to resolve it in a polite neighbourly fashion is the best  approach if that can work

 

once had a similar problem with a garden that had about a 10M bamboo hedge growing alongside neighbour wall .It came under the wall into next door and the neighbours of the woman got funny about it and threatened with legal action etc .next thing you know I had dug the whole lot out and checked next door for any roots  ,seemed like the only way to guarantee nothing will ever return ,installing a root barrier wasn’t really an option there either .

 

if no solution with neighbours is found I’d just keep spraying any new shoots with a strong glyphosate for now.

 

[youngsbury]

Your daughter never planted the bamboo and the neighbour is surely aware of that fact 🤷🏼‍♂️. As said before keep killing it ( not said neighbour ) and everyone is happy hopefully. 

[difflock]

Thanks all, Lydia has blagged my jar of Symbol, though is holding it back as a last resort.

I advised her not to offer to or to set foot next door, let them sort their side out, and anyway the neighbour told her not to be coming round? cos they got CCTV cameras.

Fingers crossed it will all blow over.

P.S.

The boundary wall is 50 years old, block built and plastered and still 100% vertical, straight and sound, which suggests proper deep founds, so I was surprised the bamboo had found a way through, but guessing most probably via an unfilled or improperly filled joint in the blockwork.

Thanks all,

Marcus