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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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There, I'm just reading your response about bamboo invasion.

Resolved Question:

Hi there,
I'm just reading your response about bamboo invasion. Our neighbours have planted a very large bamboo next to our boundary fence. It has invaded our garden and is damaging the fence. We're looking to have a new fence erected, but we don't want the same issue once again. We have an 'ok' relationship with our neighbours, but the fence is owned by ourselves and they expect us to pay for it to be replaced. We are also just about to have decking put down and I'm concerned that the roots of the bamboo are going to come through the decking. Any advice you can offer would be very gratefully received.
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the fence is being replaced because of the damage by the bamboo or only partly due to this but also because the fence is old please?
Customer: replied 1 year ago.

Dear *****,

The fence is being replaced mainly because it's old. It pre-dates the bamboo. It is functional, however. Just not terribly aesthetically pleasing. The bamboo branches have made it less so as they now poke through the slats of the fence and have dislodged some. The bamboo roots have also come up on our side of the garden. They are very sharp and cause pain in walked on. My issue is that I'm wary of spending money on an expensive new fence and patio if the bamboo is likely to damage both.

I look forward to hearing your thoughts,

Best wishes,

Verity

Expert:  Joshua replied 1 year ago.
my apologies for the short delay in reverting to you - I had to attend a meeting with a client. I am back now for the rest of the afternoon. The position with regard to your neighbours bamboo is that the neighbour is liable to you for any damage caused by the bamboo or the roots providing you can demonstrate that the damage was reasonably foreseeable on the part of the neighbour and the damage was caused by the neighbours bamboo.In respect of the damage that has already been caused your fence, this may potentially be slightly awkward to show losses so far as you could likely show that the damage was caused by the bamboo but because you would need to be able to demonstrate that the neighbour ought to have known that planting the bamboo so close to your fence was likely to cause damage. I do not suggest this would be impossible to show all far from it but it is another component which you need to overcome. However, as I note that you intend to replace the fence in any events and if I understand correctly do not propose to look to the neighbour for a contribution in this respect, this point is likely academicgoing forward, the position is much simpler because you can overcome the issue of showing that the neighbour ought to have known damage might be caused by giving notice to the neighbour that the bamboo has caused damage to your fence and any other structures you wish to refer to and that you are replacing the fence at your own expense but have little choice but to hold the neighbour accountable for any further damage caused to the new fence as a result of the bamboo. You can point out your view that it is inappropriate to a planted bamboo so close to your boundary structure and in addition, if relevant, the bamboo's roots appear to potentially be causing damage to other structures in your garden which requires attention. By serving such a letter upon them and keeping copy, it is then easy in the future if any damages caused by the neighbour's failure to maintain the bamboo so as to prevent damage, to show that they were reasonably aware of the possibility of damage and therefore hold them liable for any costs of repair.The same is true for any root structures which damage your property and where this is the case, and the neighbours refuse to assist or do anything about it, you may advise them that you propose to retain a contractor to report on the damage and recommend steps for which you will look to the neighbour for the cost. if you find it necessary to take action against your neighbour to recover costs in the future, the simplest way to do so is by using the courts online issuing service and you can recover court fees together with any expenses you incur associated with the hearing in the assumption you are successful:https://www.moneyclaim.gov.uk/web/mcol/welcome
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear *****,

Many thanks for your advice. I wonder whether you know of a letter template I could use in order to write the letter that you describe in the final paragraphs of your response?

Best wishes,

Verity

Expert:  Joshua replied 1 year ago.
VerityI am not sure of any precedent I can point you towards though there may well be website that contain suggestions. Generally you can construct your own letter based on the above guidance which providing it includes the above points shold be perfectly good. If you prefer I would be happy to draft something for you for a small additional fee of say £10 if that is preferable? I look forward to hearing from you.
Customer: replied 1 year ago.

Hi Joshua,

Thanks for getting back to me. That's fine. I'm sure I can draft a letter which includes the points you mentioned. I was just concerned that it should include specific wording.

I won't take up any more of your time.

Best wishes,

Verity

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