Legal Question in Environmental Law in New York

Re: Neighbor harrassmnet planting bamboo

Well, the DEP is right. Your neighbor can grow whatever he wants (unless it's ganja or poppies). And you know all those nasty weeds that are being crowded out by the neighbor's bamboo? You are perfectly free to zap the bejeezus out of them with Roundup. Of course, the bamboo will take up the Roundup as well, especially if you're not TOO careful about overspray. Besides, you're not the one that is trespassing. You're not the one who planted an invasive plant on YOUR property.

To be on the safe side, make sure you have homeowner's insurance. Not fire insurance, which does not pay your attorney's fees if the people next door (just because they live next door does not make them neighbors) find some nutcase to sue you. Remember, it's not actionable nuisance unless your spray crosses onto their property.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.