Legal Question in Real Estate Law in Maryland
bamboo plants moving into neighbors yard
My 80 year old mom was threatened by her next door neighbor with a property damage suite if she doesnt stop her bamboo plants from comming up in his yard.She is facing cost of thousands of dollars to dig up bamboo in her yard. The neighbor insists she also install an expensive barrier between the yards
2 Answers from Attorneys
Re: bamboo plants moving into neighbors yard
Tell your mother's neighbor to stop harassing your mother. If her neighbor wants to remove some of the plants and you mother agrees then let the neighbor remove the plants. If damage is being claimed as a result of the plants then contact me.
Re: bamboo plants moving into neighbors yard
Your mother is not legally responsible for this. Plants naturally grow via their roots, and it's one of the things you must accept when you live next door to someone. If leaves blow from your mother's trees into the neighbor's yard, does he think she has to come over and rake them up? As long as the tree is planted on her side of the property line, he has no valid claim. But in case he does sue her, she should check with her homeowner's insurance to see if they would provide a legal defense.