Bamboo

[Drago]

If they have known about it for 40 years then it would be worth asking teh solicitor whether or not they are partially liable themselves anyway

Indeed. There may be an argument that they have accepted the situation by custom.

 

[Bonefish Blues]

Thank you, I could very well ignore the issue as previous owners have done for the last 20+ years and state that "I have no proof that this was planted on my land, so it's up to you to prove otherwsie and/or it was so long ago that it's no longer my responsibility". My only concern is that they could then complain to the council because it's growing in their garden and even up under their garden shed. And I could then have the council on my back.

Why would the council take an interest, it's not a proscribed specie like the ones on the invasive list?

 

[Electric_Andy]

Why would the council take an interest, it's not a proscribed specie like the ones on the invasive list?

Under the law of private nuisance, you have a responsibility to ensure that plants on your property do not cause harm to neighbouring properties.

It is the invasive kind so although not reportable like Japanese knot weed, can still be reported to the council if it Spreads to neighbouring property

 

[Electric_Andy]

Indeed. There may be an argument that they have accepted the situation by custom.

Had to look that one up, but thanks. Interesting. It's sort of what I've been thinking i.e if they've not made a formal complaint in 40 years then by default they must have accepted the situation

 

[Bonefish Blues]

Under the law of private nuisance, you have a responsibility to ensure that plants on your property do not cause harm to neighbouring properties.

It is the invasive kind so although not reportable like Japanese knot weed, can still be reported to the council if it Spreads to neighbouring property

Why would the council take an interest though, are these properties owned by the council? The account you've given seems to fall some way short of something that they would be interested in - causing substantial interference with the use and enjoyment of your neighbour's property.

To expand: it's alleged that this has been going on for decades, and as you say, all that's happened is that the neighbour has has conversations with 2 previous owners, but nothing happened as a result. It really does stretch credulity to think that all these years it has been causing substantial interference, yet it has been accepted.

 

[ebikeerwidnes]

Had to look that one up, but thanks. Interesting. It's sort of what I've been thinking i.e if they've not made a formal complaint in 40 years then by default they must have accepted the situation

That MAY be the legal point
you may even be able to say "How do I know YOU didn;t plant it and it is your plant that has spread to MY garden

but for the sake of neighbour relations it may be best to take the view that it is a shared problem and "we" can sort it together
and if they start to mutter about legal stuff then you can say you think this is the case
mentioning that you have been to see a solicitor MIGHT be seen as aggressive

Best to be sure before you have to comment

(worked with my ex - she wanted loads of money every month when we split up and said she knew she was entitled to it - and gave this little smirk when she said she would get a solicitor to force me to if I didn't
in cash - of course
but she didn;t know I had already been to one and knew she was talking rubbish!
best to be pre aware and not mention it unless you need to)

 

[Electric_Andy]

"How do I know YOU didn;t plant it and it is your plant that has spread to MY garden

but for the sake of neighbour relations it may be best to take the view that it is a shared problem

Yes that's my view as well. There is nothing on paper to show/prove that it was planted on this property, apart from her verbal account, and that of our side neighbour who is related to the plaintiff! So I'm just going to tow the line until my body breaks (which will be fairly soon), offer to cover it with chemicals which I can apply yearly if necessary, and that'll be that. They want to remain friendly and so do I, but I have a good argument going forward if they choose to not be happy with my proposed resolution

 

[Drago]

...apart from her verbal account...

Which isn't worth the paper it's written on.

 

[stephec]

Am I reading it right in that the wall/ fence is on your land, and your land also extends a few feet the other side of that, so in effect your neighbours have some of your land as part of their garden?

 

[Electric_Andy]

Am I reading it right in that the wall/ fence is on your land, and your land also extends a few feet the other side of that, so in effect your neighbours have some of your land as part of their garden?

No. If looking from neighbours towards our boundary, it goes: their garden, bamboo which they've already removed, boundary fence, more bamboo, our retaining wall

 

[stephec]

No. If looking from neighbours towards our boundary, it goes: their garden, bamboo which they've already removed, boundary fence, more bamboo, our retaining wall

Got it, I was assuming the wall was a normal wall, but it's actually holding back a bank of earth.

 

[Electric_Andy]

Got it, I was assuming the wall was a normal wall, but it's actually holding back a bank of earth.

yes, the neighbour is down the slope from us and the retaining wall is at the top of a 5ft high bank containing the earth that our garden room sits on. But the boundary fence is at the base of the slope i.e. in their garden at ground level. Before the wall and garden room were built, they claim that the bamboo was planted on our side of the boundary fence (i.e. where any sensible person would have built a wooden fence). So now the bamboo which I'm trying to dig out is entangled in the little wire boundary fence and the edge of the retaining wall.

 

[mistyoptic]

How long does that take? I've got a Eucay in my front garden I was happy (after I'd transplanted it and it nearly died) that it seemed to recover. Might I regret that now?

Probably. We had eucalyptus on the property we used to share in Portugal. They can grow up to 2m a year in that climate

 

[BoldonLad]

Yes that's my view as well. There is nothing on paper to show/prove that it was planted on this property, apart from her verbal account, and that of our side neighbour who is related to the plaintiff! So I'm just going to tow the line until my body breaks (which will be fairly soon), offer to cover it with chemicals which I can apply yearly if necessary, and that'll be that. They want to remain friendly and so do I, but I have a good argument going forward if they choose to not be happy with my proposed resolution

Which is exactly why you need to understand what the legal position is. Not so that you can exploit it now, but, so that you can defend your corner if "the gloves come off".

 

[Bonefish Blues]

Which is exactly why you need to understand what the legal position is. Not so that you can exploit it now, but, so that you can defend your corner if "the gloves come off".

This. Post 8 refers, not to antagonise, but just in case.