Our bamboo in neighbor's yard.

Real Estate 4 views 2 answers
We have bamboo that has been growing for over 20 years. We attempted to remove the bamboo two years ago. Since our neighbor did nothing to stop it from growing in their yard, it was more invasive for them than for us. We received no monetary compensation for the amount we did remove, nor did they help with clearing it out. We spent about $2000 for equipment rental and laborers to cut it back... in both yards with our neighbor's approval. However, the bamboo is growing back. Now we have a voice message from our neighbor telling us we have to remove it from their yard, or they will sue us. We are retired on fixed income and don't feel an obligation to remove again in their yard. Are we legally responsible?

Attorney Answers

2
Alan Brinkmeier ·
Yes, you are. Your bamboo is infringing on the property rights of another, and those property rights can be the subject of a court battle. On these facts, you would lose if sued in my opinion
0 upvotes
Harry B CookPhiladelphia, PA ·
Under the facts provided, it would appear that someone in your position could face liability and damages if sued for Bambo -- an invasive species -- continuing to encroach on the property of another. In a case under similar facts and circumstances -- Shatto v. Hood, 6 Pa. D. & C.4th 614, 616 (Pa.Com.Pl. 1990) -- the court found for the plaintiffs and ordered defendants to reimburse plaintiffs nearly $4,000 for the costs of restoring the property. Someone in your position may want to consider a way to work this out amicably.
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