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damage to my garden from neighbours plants

11 replies

thisisyesterday · 25/07/2012 19:49

exciting stuff I know!

we have 2 separate gardens that join onto one side of our garden.
Both of them had bamboo in right up against our fence.

This bamboo was not properly contained and has spread all through my lawn, and is now pushing my patio up.
It will go through everything and anything in its way.

I am concerned that if it spreads further it will start to damage the house as well as it's very close already.

Researching it has led me to believe that it needs digging out, any small piece left in can and will continue to grow. We had a garden bloke out who confirmed this, and who said that unless the neighbours also remove theirs properly we will also need to put a thick barrier far down in the ground to stop it coming through again.

We have spoken to both sets of neighbours. One was very helpful, apologised and has had her bamboo removed, she inherited it when she moved in and was not bothered about taking it out.
The other neighbours rent and so far we've had no luck getting in touch with their landlord. They have rung him, and we've also been in contact with the letting agent who are worse than useless. This house has also just been sold (tho they haven't completed yet) so we have been onto the E.A who is selling, to ask them to warn the bbuyer that there is this issue.

My question is: what do we do now? I think the owner is stalling so he doesn't have to do anything and he can pass the problem onto the new owner.
I believe from what I've read on the garden law forum that the owners of the bamboo are liable for costs incurred from damage to my property... can anyone confirm that?
What should my next step be? get it all removed and then ask them to contribute?
I really would like to know where I stand legally so that I can go forward with this because it's really doing my head in now :(

OP posts:
sneezecakesmum · 25/07/2012 20:43

omg next door neighbour has planted bamboo! Will keep a close eye on it. Thanks for the warning.

No idea of the legality sorry.

sneezecakesmum · 25/07/2012 20:46

PS if you can talk to any potential new owner and inform them of their legal liability from the bamboo they can make it a condition of the sale the present owner removes it...........maybe? .........like fixing faults with the property before completion.

thisisyesterday · 25/07/2012 21:54

yeah we've asked the estate agent to pass it on to the new owners so that they know about it and I'm hoping that will help.

as far as I can tell then the owner of the land that the roots are coming from is liable to pay for the damage to my garden, so I think the current owner is hoping to just fob everyone off until it's completed so that he doesn't have to pay anything.

But I need to be 100% sure of where I stand before demanding money from them Grin

OP posts:
ComeIntoTheGardenMaud · 26/07/2012 21:51

Is this any help to you?

Or this one?

ComeIntoTheGardenMaud · 26/07/2012 21:52

PS Not all bamboos are invasive, but it's as well to identify which variety your neighbours have got, sneezecakesmum, so that you can be alert!

sneezecakesmum · 27/07/2012 14:38

thats a relief, its been there a while and no problem! Mind you our flaming ivy is probably strangling it! Grin

ComeIntoTheGardenMaud · 27/07/2012 16:37

Yes, bamboo versus ivy would be quite a struggle!

LeandarBear · 29/07/2012 21:20

Can't you just carelessly and accidently dump some weed killer on it. Grin
You would be doing the new neighbour a favour.

How to kill Bamboo

thisisyesterday · 30/07/2012 17:18

i did accidentally spray weedkiller all over what I could see AND pour it onto the cut ends of all bamboo on our side.

sadly it is just too far gone... there is way too much of it in all 3 gardens for it to make any difference I think.

OP posts:
thisisyesterday · 30/07/2012 17:19

just reading that and it's the running bamboo that we have. there are bits of root you can see all over the garden it comes up and then goes deep back down again.

OP posts:
LeandarBear · 30/07/2012 22:09

If you use weed killer make sure it is the strongest type and be patient, it will take ages but it should work eventually if you can treat all of it. It is awful stuff isn't it. How about asking at you local garden centre.
Good luck

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