Can someone recover damages for my plants growing on their property?

[Loc Swim]

I have this crazy neighbor that I'm trying hard to live with. Worse then a problem with a wife ( at least you have a chance of some benefits from the wife.)

Anyway, Crazy Neighbor started ranting at me this morning when I got the paper ( I swear she looks out the window and waits for me.) Her complaint was some of bamboo ( I guess that is what it is ) in my yard has sprouted in her yard 2-3 yards from the fence. She said she had to have her "yard man" poison it and she wanted me to pay for the Round Up.

I'm new to the neighborhood and I don't want to make waves, but I have no idea of paying crazy neighbor. I realize she can sue me for anything she wants but that doesn't mean she will win or recover $$ for any damages.

As I said, she is crazy. As in the Bat Shit Crazy / Mean Crazy, not the "Ol she is a sweat Little Old Lady" - don't mind the 50 cats in her house, she is a little off.

So, does anyone know if I would be irresponsible for my plants growing into her yard? I know that laws vary from State to State and county to county, but in general, can someone give me some advice regarding this?

LS

[Joseph Meehan]

It will depend on local laws, but my guess is she may be able to win. Bamboo is considered a nuisance and may be illegal or require the owner to control it to their property. That stuff can be very invasive.

[m Ransley]

Buy your self a camcorder, it looks like you will have years of crap from the lady. You never know how things can escalate, harassment is a crime, so are frivolus charges. Its happened to me and photos are helping. Did you plant the bamboo, call your city monday, here it would not be an issue. Offer her a bottle of roundup, just empty it and put in water if you feel harassed. Ask her for a reciept from the garden man, maybe she is BSn you, then offer her roundup, or Fertiliser in the bottle.

[trader4]

There was this exact case on the Peoples Court last week, which makes me wonder if this is a put up job. The people were from NJ and both owned expensive waterfront properties. One neighbor is an obivous buffoon and planted 350 ft of bamboo right at their property line. The next door neighbor had enough and sued for the cost of putting up a steel barrier to keep it out. He won a judgement of $5000, because of exactly what is stated above.

And I think this is right. There are some plants that are so invasive, that if anyone plants them, I think it is their responsibility to keep them controlled.

[Norminn]

Bamboo can be exceedingly invasive and difficult to get rid of. If you have a local nursery that sells it, perhaps they can give you tips on how to remove or control it. Some varieties grow in a nice little clump and do not spread at all. It might be possible, if you like it, to sink something into the ground to limit root growth along the property line. There is a lot of crap that grows nicely in pots in the house, but is an invasive and destructive weed in the wild. Heard of kudzu? Nice house plant :o) Your neighbor may just be frustrated with having had an ignoramus who planted weeds - give her a chance. Some localities have very strict zoning laws about what can and cannot be planted; California comes to mind. If I spent several thousand dollars or hours on my landscaping, I would not be happy with the "plant from hell" spreading into my yard :o)

[Toller]

Interesting question. She has the right to trim a tree growing over into her yard, but cannot compel you to do it or charge you for it; the growth is seen as an act of nature. By analogy, I would say she has a right to kill the bamboo (and yours, if that is an inevitable consequence of killing hers) but not to charge you. Sure, bamboo is invasive, and you should have seen it would happen. But trees get big, and that is foreseeable also.

[Edwin Pawlowski]

I'm not a lawyer, but I doubt she can do much. Just look around at nature and how plants and trees are grown in the wild. Seeds are carried by the wind, in bird droppings, etc. As a good neighbor, you should do what you can to stop the spread. Sometimes you cant as the roots travel underground and pop up in strange spots.

Let me know if she prevails. If so, I want all my neighbors to remove the weeds from my lawn because I'm sure they started out in theirs.

[Phisherman]

Very interesting. This could be a court case and it could go either way. It is a well-known fact that bamboo can cause extensive damage to property due to the aggressive nature of the plant. The plant can easily travel underground 15 feet or so and grow through asphalt and break up concrete. If it were me, I'd cut the bamboo back several feet from the property line or if you don't want to maintain it remove it altogether. In any event it's always good to try to get along with neighbors. Bake her with a tray of brownies and tell her you intend to control your bamboo.

[Bennett Price]

[RobertPatrick]

Bennett Price wrote in news:0SgTf.61557$ [e-mail]:

You could turn it around on her and say the bamboo came from her yard into your yard and she should pay.

[Jay]

Good one Ed! Hope that weed idea isn't copyrighted, I want to use it myself.

If the 50 cat number is valid maybe a call to the animal control officer??? The best defense ... is a strong offense, she won't be bothering you if she's defending against the city/county for an animal control problem/mental eval/public health problem case.

Someone else suggested baking brownies, maybe you could give her the Roundup in there?

What do the other neighbors say?

WHERE THE HELL IS JUDGE WAPNER WHEN WE NEED HIM!!! That's right he's doing animals now on Animal Planet, maybe he could still help?!

Jay

[Jay]

Loc:

What state or province are you located in? City and county would help too. (Not trying to find you, we have enough crazies here in Washington without yours!) but if you give us some more info a quick web search may answer your question.

Jay

[m Ransley]

Yea bake her brownies, put some pot in them, keep her real happy. Maybe shes out of booze to. Next time at 7am offer her a beer. Plant catnip, that will make her cats nuts.

[HeyBub]

The problem is not the bamboo, the problem is the whack-job living next door. You've got to nip this in the bud, if you'll forgive the metaphor.

Simply tell her, privately, that if she gives you any trouble, ANY trouble, you'll have some boys from your old neighborhood pay her a visit and get positively medieval on her ass.

The dude who owns the property next door to mine recently came six feet onto my property and CHOPPED DOWN six 6' tall photonia plants! Thirteen years of growth gone. While I stood, flabbergasted, trying to make sense of the carnage, he rented out the house to about 200 Katrina evacuees!

His life hasn't been normal since.

[Joseph Meehan]

HeyBub wrote: ..

You clearly don't know bamboo.

[Jim Redelfs]

I expect you are NOT responsible for anything growing in her yard. Period.

During a bad storm, when my neighbor's tree split in half, the half that fell in my yard and on my deck became MY responsibility. (Act of God, yadda, yadda)

Your biggest concern appears to be the WACKO neighbor, herself.

I can deal with most unreasonable people but a bona fide CRAZY person is another story. You should discuss your concerns with the local police. At least, they will be aware of your concerns should the situation deteriorate.

Obtain all necessary permits and built the tallest, LEGAL privacy fence between your properties. Good luck.

[Harry K]

IMO she can't charge you. But you say you are new to the neighborhood which means you didn't plant that crap. If I were you, I would be doing my best to get rid of it. Not for the neighbor's benefit but for yours. Who needs something that is going to take over your yard? It isn't easy to eradicate but every year you wait makes it harder.

Harry K

[Joseph Meehan]

In general you are right, but I suspect that IF your neighbor's tree had shown evidence of rot and a reasonable expectation that it would fall on your property and cause damage, then it would have been your neighbor's responsibility. Bamboo is usually a known problem and is even listed as such in some codes. Where I live, you can be at fault if you allow large quantities of dandelions in your yard. It does not happen often, but it has.

I would also like to note that it is wise to make other considerations about being a good neighbor. First you never know about crazy neighbors and what they may do. It often is safer to go along with any reasonable request. A good neighbor is a valuable asset and allowing your bamboo to invade their yard is not really fair or just.

I suspect many of those who are reading this do not understand just how bad bamboo can be.

[trader4]

And in the legal opinion of Marilyn Millian on the People's Court, she not only can pursue it, but can prevail. As I posted earlier, they had this exact case on that show last week, which makes me think this post may not be real. A neighbor planted bamboo along 350 ft of property line and it invaded the neighbor's yard. After trying to reason with the person, the neighbor sued and based on NJ law, Millian awarded him $5000, which was the max and would only cover part of the cost of putting in a metal barrier to stop it.

I agree with Joseph on this one. Many people obviously don't understand the nature of Bamboo. This ia a rapidly growing, invasive plant. It's not easy to control and can't be compared to having a neighbor's tree branch growing over the property line. Tree branches can be cut back maybe once every couple years, if that, to keep them under control. Also, even if left alone, they can only grow so far. Bamboo will just keep going and spreading and will quickly overtake an entire backyard if not stopped.

The fact that the neighbor just wants the cost of some Roundup is most reasonable. However, you can expect that it's gonna need to be sprayed every few months during the growing season. Which begs the obvious question of what is going on with the bamboo in the yard of the person asking this question? What keeps it from spreading there? If it were me, I'd pay the neighbor for the Roundup and then get some myself and eliminate what essentially is an out of control weed once and for all.

[hallerb]

does bamboo grow outside in pittsburgh? it sounds excellent for a obvious use:(:(:(:(

This must be a realtive of planting a weeping willow right above a main sewer line...