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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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My question relates to the encroachment of bamboo rhizomes

Resolved Question:

My question relates to the encroachment of bamboo rhizomes in my garden. I have spoken to my neighbour who admits that he did not put a barrier around the bamboo to prevent encroachment and agreed to cover the cost of doing so along our shared border. I obtained quotes for this work and he agreed to pay for the cheaper option. I fear that he will not deliver. Whilst I do not want to sour our relationship, I am not prepared to suffer the current position. What are my options?
Submitted: 14 days ago.
Category: Law
Expert:  F E Smith replied 14 days ago.

Hello - you think he will renege on this situation? how much have the rhizomes encroached in your garden?

Customer: replied 14 days ago.
Over this summer, I have had to remove more than 40 rhizomes with some of them being more than 6ft in my garden.
Customer: replied 14 days ago.
I am sorry but I fear this is becoming more complicated than I expected. Please refund my deposit and I will 'call it a day'
Expert:  F E Smith replied 14 days ago.

Whilst not wanting to sour the relationship between you and the neighbour is admirable, it seems that the neighbour does not share the same ethic.

The growth is trespass and you are entitled to remove the trespass and if you need to get someone in to do that, then you are also entitled to recover the cost.

As well as being trespass, because this is obviously going to be an ongoing and regular thing, you also have a claim against the neighbour in common law nuisance. You are entitled to take the neighbour to court (if he won’t do it voluntarily) for a court order to abate the nuisance which would basically be an injunction to make him do the work or enable you to do the work and make him pay for the cost.

You may find that a solicitors letter is going to have more effect than a word or letter from you and may avoid the need of going to court because he does go to court, I can not see how he can defend any action you bring.

.Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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