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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8948
Experience:  Dual qualified Solicitor and Attorney
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Two years ago we had remove all our garden shrubs and

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Two years ago we had remove all our garden shrubs and plants, take down and replace the boundary fence in order to dig a trench 1 metre deep and fill with bamboo barrier. This was done on our side of the boundary, so as not to damage any plants within the neighbour's boundary side. The highly invasive running bamboo was invading our garden from our neighbour's property who took no responsibility for it. In order to get the job done without a costly and distressing dispute, we ended up taking the full cost of an expert report, trench barrier and paying half of new fence. As a consequence of undertaking all of this work, we lost 12-18" wide along the 25 metre length of our garden.A few days ago we discovered that the lip of the membrane/bamboo barrier fitted on our side of the boundary (but behind the new fence)has been covered by our neighbour employing someone to concrete and slab over the bamboo membrane on the area on our side of the boundary. The most worrying thing for us is that he has taken down the original boundary markers and more importantly may have damaged the barrier membrane by covering with concrete and slabs, invalidating Dupont bamboo barrier membrane's 25 year guarantee. He originally agreed to abide by the instructions to leave 2-3" showing above ground. This is intended to direct fast growing bamboo shoots within the owner's garden. We have photos, emails of our communications with him and bamboo expert reports as evidence. We have tried to keep our communications friendly and co-operative, although he has never accepted responsibility for the damage done to our garden, saying that the bamboo in his garden was planted by builders before he moved in.But he's now appropriated our land for his own purposes in order to get to the side of his shed which never had space within his boundary previously. We cannot be sure whether the concrete and slabs have now damaged the barrier we paid for and which is meant to keep out his invasive and damaging roots. We really feel that we now need advice. Do you have a solicitor who has experience of boundary disputes and neighbour responsibility for invasive and damaging roots? Thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Do you mean sought a solicitor previously?
JA: Where is the land located?
Customer: At the bottom of our garden
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just to read the first message detailing the two concerns we have regarding covering the barrier which invalidates the guarantee and that he has concreted and slabbed within our boundary. Is this trespass?

Hi thank you for your message, if he has damaged your property then you can bring legal action for the cost of repair, you can also bring legal action for the removal of any bamboo or roots on your side of the fence. You should get a quotation for the cost of repair but you can use the cost of replacing the membrane as part of this figure. You can also look to get a court order for the move of the fence back to the correct boundary and the removal of the slabs and concrete on your land. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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