Legal Question in Civil Litigation in New York

My Neighbor's Bamboo Is Growing In My Yard

My neighbor has a bamboo plant that has sprouted up under our fence and is popping up all over my backyard. I've counted over 20 plants and I've spoken to my neighbor, but he contends it's not his problem. Do I have any legal recourse in this? Can I file a suit against him to get him to remove his bamboo plant and thus get rid of the thing growing into my yard?


Asked on 5/17/07, 2:55 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: My Neighbor's Bamboo Is Growing In My Yard

I think your question is: seeds from my neighbor's bamboo plant have taken root in my property and I want him to remove the new plants.

1. If the roots of the bamboo are in his yard, then he is responsible. But once a plant takes root (seeds grow) on your property, then it is your plant andhe has no legal duty to rectify the problem.

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Answered on 5/17/07, 3:04 pm


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