Legal Question in Civil Litigation in California
Neighbor's bamboo damaging my property
My nieghbor's bamboo grove has trespassed onto my property. I have attempted to eliminate from my garden costing me thousands of dollars. Now it is coming up under my concrete work. Destroying everything. I am worried that it may eventually detroy my home and property. Do I have legal recourse to have them pay for removal of both their plant and their plant from my property and to pay for the destruction of my landscaping?
1 Answer from Attorneys
Re: Neighbor's bamboo damaging my property
Yes, you should be able to obtain from them the costs of repairing your yard and any other damage caused by their bamboo. It is well know that bamboo will do what you are complaining about and I assume you have numerous times complained to them. They should turn it over to their homeowners insurance company. Act quickly so that they can not argue any time limitations against you for the trespass [I believe a three year statute and future damage does not occur. Take pictures, get an estimate as to how much it would cost to fix things up; once you think you are ready to settle, make sure that there are not more roots underground that could start the problems over again.