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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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M y nieghbers bamboo,is about 9 foot tall,and is shooting up

Customer Question

m y nieghbers bamboo,is about 9 foot tall,and is shooting up through my lawn,what can i do?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The legal position is that yo can do what you want to the bamboo that is on (or overhanging) your property but can not touch the bamboo on his side. You must also offer to return anything you cut off.
If his bamboo is out of control and invading your property and causing damage then you might well have an action against your neighbour in negligence or nuisance but if the damage is just to your lawn then it is unlikely to be of sufficient value to bring a claim, (except perhaps a small money claim) and you would be unlikely to get an order requiring the destruction/removal of the bamboo.
What part of your property is being thrown into shade by the bamboo?
Have you spoken to your neighbour about how he can control it or whether he should remove it?