Bamboo Encroachment And The Law UK

Bamboo Encroachment And The Law UK

 In our experience bamboo is the vegetation that causes most serious issues and neighbour disputes, far higher than trees or hedges.

The reason is that bamboo is so invasive and destructive. 

Trees cause issues, but they are in air space and can fairly easily be reduced with the issue rectified.

Bamboo is far different, it invades your land, taking over your own property, silently expanding, invading, sending up new canes.

It’s personal, it grinds you down. 

In our opinion bamboo should not be planted in an average domestic property that has neighbours. 

It is highly likely that eventually it will grow beyond an ideal size and encroach into a neighbouring property, this is where the property owner can fall foul of nuisance laws.

Nuisance can be defined as any activity or condition that substantially interferes with a person’s use or enjoyment of their property. 

Obviously it is always essential to gain independent legal advice from a reputable legal firm. 

Whilst bamboo is not classed as an invasive species in the UK under the Wildlife & Countryside Act 1981 unlike Japanese Knotweed, it is illegal to allow it to grow into a neighbouring property. 

If your bamboo encroaches into a neighbouring property you may be liable for a legal claim against you.

This claim could include the costs for the removal of the bamboo, the costs to reinstate the garden including the lawn, shrubs or tress affected, damage to any hard landscaped areas such as patios, decking, or the most worrying structural damage to a property. 

If a property value has been affected due to the encroachment of bamboo it is even possible that you could be liable for this loss too. 

This is rounded up with the legal costs of the aggrieved party. 

As you can imagine, these costs can soon run into many thousands of pounds if not tens of thousands. 

Bamboo is increasingly on the radar of mortgage lenders who may in the future start to make restrictions on lending where bamboo is present similar to Japanese Knotweed. 

Where there is any dispute regarding bamboo encroachment the best way forward for all parties is through calm and sensible conversation. As soon as this sensible approach breaks down the chance of hugely increased costs is a certain possibility.

Legal proceeding costs are very likely to be much higher than the costs for the bamboo removal. 

If in doubt, always seek professional legal advice from a reputable legal company. 

How to proceed if your bamboo has encroached into a neighbouring property. 

1. Have a calm and sensible conversation with the neighbour who’s land it has affected. Explain that you will employ a professional contractor to remove your own bamboo and the bamboo that has affected the neighbours land. 
2. Once removal has taken place, monitor the area for any new growth and remove. 

How to proceed if bamboo has encroached into your property. 

1. Introduce yourself to your neighbour and explain the situation. Show them how their bamboo is affecting your property and any damage it is causing. 
2. Photograph the whole area showing how bamboo is affecting your property. 
3. Put your concerns in writing to your neighbour, kindly asking them to respond. 
4. Hopefully they will understand the issue and instruct a suitable contractor to remove the bamboo and reinstate the area. 
5. If this is not the case contact a suitable legal company who specialise in land disputes. 
6. Using the photographs you have, document the complaint showing the area affected and any damage caused. 

Devon Arborists Bamboo Removal Specialists. 

Visit our website for more information and to see case studies from previous projects. 

Call the friendly Devon Arborists team on 07485 411618

Or visit our bamboo specific page on our website. 

https://www.devonarborists.co.uk/bamboo-removal-east-devon-west-dorset-exeter/