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Dorchester Center, MA 02124
Q. We are about to put our property on the market but have run into some issues with bamboo that has spread from our neighbours’ garden.
We live in a semi-detached house and there is a fence between the two gardens. Our neighbours have bamboo running along their side of the fence — I have always thought it looked quite tacky but understand that it adds privacy.
The bamboo is, however, pushing into the fence and growing into our garden. Our neighbours have agreed to fix the damaged fence but have refused our requests to get rid of the plant altogether. I have heard horror stories that bamboo is considered the new Japanese knotweed and this has made us worried that it will put off prospective buyers or be flagged in a mortgage survey.
Can we insist that our neighbours get rid of it altogether? If they still refuse, will it cause us problems when selling?Stephen, Reading
Bamboo is beloved of gardeners but it can also be a destroyer of homes and friendships. I’ve developed something of a sideline in bamboo advice over the years as a result of the sheer number of questions I’m asked about it.
There are lots of varieties of bamboo, but there are two main types. Clumping bamboo has a central root mass and generally stays near its clump (as the name suggests) and tends not to spread too far from where it’s planted.
Running bamboo is the troublesome variety — and is common in gardens around the UK. It sends out rhizomes — horizontal stems that can produce roots and new plants — that can reach over 30ft from the original plant.
These hardy roots and stems move quickly and can work their way through gaps in your house and even through cracked stone or concrete. A common complaint is when people find their neighbour’s bamboo is suddenly sprouting out from behind their washing machine or through their pipes.
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Removing those pesky rhizomes can be tricky depending on how far they have reached, and getting rid of them isn’t straightforward. You will need to remove the rhizomes, along with any sections where they have tried to set up new roots and plants. If you do it yourself, there’s no guarantee that you will succeed, so you might want to speak to your neighbours about getting a professional in.
Although bamboo is more herbicide resistant than other plants, it is possible to kill it. Prices vary but, according to the comparison site Checkatrade, removing bamboo can cost anything between £100 and £1,000. Most insurance policies will have restrictions or exclusions relating to bamboo treatment, but check your policy anyway, just in case.
From a legal perspective, bamboo isn’t classified as being an invasive species, so it’s not illegal to have it on your property. You also don’t need to disclose that it’s encroaching into your property when selling it. But that doesn’t mean that legal issues don’t arise. If a buyer commissions a thorough survey, then the bamboo next door might come up. This shouldn’t kill the sale, but you might find last-minute hold-ups while the buyer tries to knock some cash off the asking price to cover the cost of getting rid of the plant.
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As with all neighbourly disputes, it pays to stay calm and be reasonable to achieve the best result. If your neighbours don’t want to remove their bamboo, then be willing to compromise. If you are able to get them to pay for the cost of removing the rhizomes then make sure you get quotes and agree on the scope of the work, and get paperwork to prove the work has taken place if it does so before your sale.
In the worst case scenario legal action is possible, but it’s complicated. If you can prove that the problem has previously been identified and your neighbours declined to do anything about encroachment or the maintenance of running bamboo, then you may have a case. But you will need to demonstrate the costs you have incurred as a result of their failure to take action and any legal action typically comes with its own costs that could outweigh the sum you are fighting over.
Martyn James is a consumer rights champion, covering everything from energy bills to cancelled flights and pothole claims