Legal Question in Real Estate Law in Tennessee

TN statue of limitations for trespass bamboo damage

Do I have a viable option for negotiation with the possibility of a law suit where a neighbor planted bamboo on my property, that spread further on my property where the removal of this bamboo with resodding could cost several thousand dollars.


Asked on 9/07/04, 10:45 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: TN statue of limitations for trespass bamboo damage

You posted a message here about a month and a half ago talking about your neighbor planting bamboo on the lot line between your two houses. You apparently cut the bamboo to be the same height as your fence, and your neighbor sued you or complained to some authority. What happened in that matter?

I am reluctant to give further advice unless the facts become more clear. Why would a neighbor plant anything on your property? Did the neighbor plant on his own property and the trees spread? Does the neighbor contend the land under the bamboos is actually his land?

In theory, if a neighbor crosses your property line by growing a plant that you consider a nuisance, then you have been harmed the tort of trespass. Proving damages are another story. You might not like the bamboos (they sound quite exotic and interesting to see them growing in Tennessee), but you may find a court holds you have suffered no monetary loss. If you choose to to have the land cleared and resodded, that might be deemed "land improvements" for which you must foot the bill, not your neighbor.

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Answered on 9/07/04, 11:33 pm


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