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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbour's bamboo is planted in front of our house on

Resolved Question:

our neighbour's bamboo is planted in front of our house on our border and since last year it started lifting our patio. Ive just lifted some bricks 4-5 feet away to reveal a thick root heading towards our house.How can we make him remove the bamboo please?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you asked the neighbour to remove it please?
Customer: replied 2 years ago.

yes

Expert:  Ash replied 2 years ago.
What did the neighbour say?
Customer: replied 2 years ago.

I want to know what his obligations and responsibilities as a neighbour are when it comes to nuisance/trespassing on our property. The shoots are lifting the bricks in our patio and he is not willing to do anything else. He has dug in a foot deep edging slabs along the edge of our patio which have not stopped the roots and rhizomes spreading. The talking is not helping. He feels that he has done his job correctly. Can we force him to remove the bamboo?

Expert:  Ash replied 2 years ago.
Ok. You an ask him to remove it, if they are causing damage. You may need a surveyors report to say what the damage is, will be and what should be done to stop it. Then you can give this to your neighbour and ask that he do the work.
If he refuses then you can go to Court either for getting the cost of the work done or to get your neighbour to. You would need to issue proceedings in form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
This would be submitted to Court and the matter will be listed. Or once you get the report you can get a Solicitor to write and ask that he do the work.
But in short if this bamboo is or will cause damage, he needs tor rectify it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

That's helpful, thank you. Could this affect the value of our property even when rectified and the bamboo was gone, but historically the information remained due to the court proceedings? Would we need to disclose it?

We are planning to put our house for sale in the next 1-2 months and are we're worried. Or perhaps the value would not be affected if we managed to solve it amicably?

Please advise, could this type of plant on our "doorstep" have a negative influence on the house value in general?

Customer: replied 2 years ago.

That's helpful, thank you. Could this affect the value of our property even when rectified and the bamboo was gone, but historically the information remained due to the court proceedings? Would we need to disclose it?

We are planning to put our house for sale in the next 1-2 months and are we're worried.

Please advise, could this type of plant on our "doorstep" have a negative influence on the house value in general?

Expert:  Ash replied 2 years ago.
If you solve it without proceedings then you are ok. If you issue proceedings then it will be a dispute you need to declare. The fact it is there does not devalue your house if under control.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes it does. Many thanks.

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex