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

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On Mon, 20 Mar 2006 11:38:27 GMT, "Joseph Meehan"

You are absolutely right. Ask any landscaper what a bamboo barrier is. He will know.
http://www.bamboogarden.com/barrier.htm
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Unless you see rot on a tree or a dead branch and notify your neighbor in writing with recorded, proof of service, they have no responsibility, a photo helps confirm this. Otherwise it is an act of God.
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Jim Redelfs wrote:

It's a little bit like having a dog chained in my yard, with the chain allowing him to cross the line into the neighbor's yard and take a dump. Obviously, bamboo isn't going to harm anyone, but it can ruin landscaping that has very substantial value .. maybe even muck up sewer lines, sprinkler system.
I did a quick Google search for links about eliminating pesty bamboo. According to Texas extension service, "Some bamboos SHOULD NEVER be planted this side of Hell!!!" Link to article: http://www.plantanswers.com/bamboo.htm
I've had experience with neighbors who did intentional damage, with people who resort to assault, and "crazy" is a favorite defense. The neighbor isn't telling the OP what to do with his property, simply trying to take care of her own.
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Loc Swim wrote:

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
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Harry K wrote:

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.
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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...
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I have to agree with the guys above, and say that the neighbor lady, whatever her social skills might be, has a real reason to be upset about the bamboo. Anyone who has ever tried to get rid of bamboo on their property would feel the same. It is a terrible plant to have in the yard, and I don't understand why *both* parties aren't diggin the damn things up. OP, if you're still here (and not a People's Court troll), I would really recommend that you not only help your neighbor get rid of hers, but also get rid of yours. In my FL house, we had a patch of bamboo that took digging up that section of the yard to finally get rid of it. Even Round Up didn't do it.
Getting upset over a tree branch, yeah, that would make her a whacko. Bamboo, however, is entirely different.
Donna
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I think its pretty widely accepted that if you have a tree that overhangs the property line, and perhaps does damage, such a rubbing on a roof, the neighbor can demand that you trim the tree back to the boundary, and if you don't, can have it trimmed and recover the cost from you.
Why would an invasive harmful plant be treated any differently?
Loc Swim wrote:

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I had a pesky neighbor. once she complained I hadnt cleaned up the leaves in my yard, but we had snow the previous weekend. It was the first week of april in pittsburgh, she had $$ and had a lawn service do her yard right before the snow.
maybe its just me but my back yard that abutted her yard....
I cut that grass the 4th of july, the first cut of the year. I had a tough time getting thru the knee high grass.
when people complain I get less responsive......
this happened a bunch of times with her eventually she quit talking to me, at least that way I didnt hear her complaints:)
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Ok guys thanks for the many responses. (I posted the original message) But let me ask this:
I just bought the house and it was there. How do I know it didn't come from her yard? There is a large wooden fence between the yards. Wouldn't she have to prove it came from my yard?
Also, while researching this plant, it is bamboo. But I learned not all bamboo is so invasive. ONLY SOME of the bamboos run. I looked on the web and found some that are NON-invasive and get very tall - really nice looking plants.
And for the sake of argument. Say I decided to plant an invasive bamboo but too the effort to contain it with a divider I've seen on the bamboo sites. If it then got out would I be more at fault ( you knew it was so bad that it had to be contained and you failed to do a good enough job) or less at fault ( you put forth the effort to keep it from spreading and somehow it got out, and act of God.)????? I don't know. But I cant tell you the people that have helped me with this problem are some of the most intelligent to every answer any of my questions. And not a flame or personal attack in the whole bunch. You people rock!!
Loc Swim
(Sorry if the top posting is offensive)

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Loc Swim wrote:

I think of some plants just as I think of rats, mice, roaches .. they are invasive pests that can do considerable damage. Florida has lots of serious pest problems, plant and animal. Folks get exotic stuff, don't care to keep it and turn it loose. Pythons. Poison toads. Eels. Monitor lizards.
I don't understand your position about who put it there .. that seems like it should be assumed, since the neighbor is so unhappy about it. If you think in terms of the damage it can do to both of you, you might discover you have a mutual interest and that cooperating will benefit both of you.
One of the nastier plants in my neighborhood is asparagus fern (not a real fern), a pot plant that is very popular. It has many, many tubers, tough roots, lots of berries and takes over hedges. Nasty looking, too. A lot of invasive plants crowd out the natural plants and change the wildlife balance, though bamboo may not be in that category. I love the look of bamboo plants, and recently visited a nursery that sells a number of varieties that aren't invasive. I would cut it all down, then use Roundup when you get some new leaf growth. Probably would take a number of applications to get rid of the plant entirely. Better than digging up the yard after it starts cracking your driveway or foundation :o)
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Loc Swim wrote:

You will need to check locally with a legal professional to determine liability. It will be different in different areas.
I suspect that you will not be held liable for what happed before you purchased the property, but there are some strange laws around.
If it were me, I think I would start by checking with your local county extension office. They can give you some free good advice about how to eliminate the pest (the bamboo not the neighbor) and then approach the neighbor with the idea of working together to eliminate it from both yards as eliminating it from one will do no good. Sharing the solution will prove much more effective and it could go a long way towards building a good relationship. If the relationship is already strained, you might want to use the approach that you did not know how much of a pest bamboo was and now you do and would like to work with her. Hopefully she will see the light.
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Joseph Meehan

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Just dont plant spreading bamboo, a 4-6ft underground barrier of a non penetrable heavy material is required to control many species, and it is not guarnteed to work. You are best giving her roundup and killing yours off. Many bamboos should not be sold here.
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you might call your homeowners insurance company and ask. they are probably experts on stuff like this.
call your local agrictural extension office and they can help you identify which species of bamboo you have and how best to keep it in check
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snipped-for-privacy@aol.com wrote:

I would get an insurance company involved as an absolute last resort. People are getting policies canceled or raised for trivial reasons or no reason at all. It's extremely unlikely that any insurance policy is going to cover this. And even if it did, the typical deductible now is $500+, so what's the point?
I'd still like to know the answer to a basic question. Does the OP really like this pain in the ass bamboo? Is it that attractive that it's worth a lot of trouble? Are you willing to spend the money it;s going to take to either contain it or constantly kill some of it off over the years?
A simple solution is to get rid of it with $20 worth of roundup and a $30 tank sprayer. Of course this could become more diificult if there is desirable vegetation around so that you can't easily spray it. But even then, IMO, it's still not that hard and it's better to solve it once and for all.

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