Can a neighbor be forced to contain invasive bamboo?

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Can a neighbor be forced to contain invasive bamboo?

Our neighbor is letting his invasive bamboo plant run wild onto our property.
It’s encroaching on our property line and taking hold. We have spoken several
times over 3 years about him containing the problem. He always insists that he is
‘getting to it’ but never actually fixes the problem. I don’t want to wait until
the bamboo cracks the foundation of our house. I want it removed or contained.

Asked on August 8, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An bamboo plants growing on your property, you can simply cut down--you don't need to tolerate his plants on your property. You can sue your neighbor for any costs you incur (e.g. landscapper or disposal costs, or from damage to any of your walls, walks, driveway, etc.) due to his plants, since it is likely negligent, or unreasonably careless, to not take steps about a fast-growing, invasive plant, especially once your neighbor has provide notice or warning of issues/problems.


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