Hi. I realize we might be able to do much at all - but here goes. We have a nieghbor, that is "sometimes out of control and difficult to handle" as she like to describe herself on her FB page. She recently planted some clumping bamboo less than a foot from the property line. Prior to this, her son was riding around on our property on the lawnmower and we asked him to stop. He didnt, so we requested to put up a fence. She had insisted that some of OUR property was hers and was quite nasty about it - saying if we didnt like it, get it surveyed - so we did! Now we know our property line and erected a fence 1 1/2 foot from the line. We both have around 2 acres of property each. Now she has planted this bamboo - which is considered a plant. She put it in the ground late at night and made a noise. Husband went to investiagate at there she was at 10pm planting. She made the comment that she "cant control nature" knowing full well that these plants will grow under our fence, encroach and possibly cause damage to the fence as well as eventually restrict access to the back of our property for maintenance. Have read lots of information about bamboo and it can get out of control if not planted and maintained properly. She obviously has no intention of maintaing it properly as it will be growing on our property and she didnt use any "barrier" that is recommended when planting. She planted them in record time and barriers need a lot of digging and preparing. Any advice on how we can handle this legally -if possible? Have tried to talk with this woman and she wont listen. Very sarcastic and bitter person for whatever her reasons are. My husband, retired from military after 24 yrs has problems with his hands due to an injury and we cannot afford landscapers etc. Please help.
State/Country relating to question: Pennsylvania
Tried ignoring. Tried talking. Erected a nice, decent fence... cant think of what else to do. Have invested so much money so far. Laws and regulations are so unfair when it comes to an invasive plant like bamboo. People can just do whatever they want with bamboo, without any repercussions.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Special Note:If you experience technical problems, please XXXXXXXXXX@XXXXXX.XXXHello,My name is XXXXX XXXXX X'X be happy to provide you with information today. I am a licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. You may cut back all portions of the bamboo that trespass onto your property. You may also place weedkiller on your Property Line. The weedkiller would typically act as a barrier to prevent the bamboo from encroaching on your property.I think this is what you wanted to know. Please let me know if I have answered your question or whether you would like further informationPlease let me know if the rating box is missing or you are unable to rate for any reason
do not want to sound off, but like everyone we have encountered, you have no idea about bamboo do you? weed killer does not kill this stuff.. infact it is SO invasive, there are people out there desperately seeking help on how to eradicate this stuff. So please... if was going to pay $49 for someone to tell me what I already know, then I expect far more than that!
I will opt out without charge to you. The question will be open for another expert who may be able to assist you
Relist: Other.very generic and anyone can look this info up on the internet. nothing spectacular about the answer at all - legally. If you have people answering a question, then at LEAST research about the thing first BEFORE you make your first feeble attempted answer. Just pathetic.
i dont expect to pay anything further either for an answer that can be found with a quick search on the net. I want LEGAL advice - not generic stuff. Why would I pay $49 bucks for someone to tell me "hey you can spray weed-killer" (when in actual fact you CANT) and then tell me - well you can cut back too... That is obvious, isnt it!
Hello,Different expert here - your previous expert has opted out.I would be happy to tell you how to go about doing so, along with proper citations as necessary. Please let me know if this would be acceptable.This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Great. I am going to type out an answer, but it may take a few minutes to do so, so please allow me this time - do not worry - I am not going anywhere.
dont worry... i dont have you on a time schedule. be aware however, I have researched this bamboo crap extensively. it is a major issue for many people... even for those who have planted the stuff. WE should not be expected to dig trenches and tear up our yard looking for rhizomes and clums that are growing wild because owner did not and maintain plants. There should be laws protecting those whose rights are invaded. RIGHT?
Well, it depends. Hang on while I am typing out the answer - sorry - I am crossing my t's and dotting my i's here, so it may be a few more minutes.
ok... depends on what... bamboo is a plant. how that is God knows. the roots are wooden and thick... grass roots are not. The root system of bamboo is huge and complex and travels.. just because it doesnt have a flower every year - it isnt considered invasive. have spoken to Dept of Agri... and Invasive species dept.. Landscapers.. American Bamboo Society.. have spoken to them all... believe me... all conflicting answers. so if you have anything NEW on bamboo and PA laws ... then great...
QuestionWhat can be done about the neighbor's vegetation that is growing into your property and possibly damaging it?Applicable LawYour previous expert was correct. This is a textbook case, actually - neighbor's vegetation growing unto your property. Thankfully, Pennsylvania has established a well-set doctrine here. According to Jones v. Wagner, 624 A. 2d 166 - Pa: Superior Court 1993:"First, an aggrieved landowner is entitled to exercise a self-help remedy by either trimming or lopping off the branches to the extent his property is encroached.Second, if the landowner has incurred reasonable expenses in the course of exercising a self-help remedy, he may recoup those expenses from the trespasser.Third, he may, on a trespass theory, seek equitable relief compelling the trespassing neighbor to remove the trees to the extent of the encroachment and seek appropriate incidental and consequential damages.We emphasize that Pennsylvania law requires no showing of physical harm or damage to the land before a possessor of land can enforce his right to freely enjoy unencumbered and exclusive use of property he rightfully possesses."It matters not if the vegetation is brush, tree limb, bamboo, or otherwise - the Court is clear. You can utilize self-help, you can hold them to reasonable expenses with this; and if you need to have someone else do it, you can hold them to the reasonable expenses of hiring a Contractor.Bamboo is not protected by any special federal or Penn law, so no special protection exists here.Applying This To Your MatterYou can sue the neighbor for (1) trespass and (2) nuisance.Trespass is self-explanatory and as explained in <Jones v. Wagner, is the default cause of action in an invasive vegetation case.Nuisance elements are set forth in Section 822 of the Restatement (Second) of Torts which provides, in pertinent part, as follows: One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another's interest in the private use and enjoyment of land, and the invasion is ...(A) intentional and unreasonable...McGrawth v. Snodgrass; IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA.So, you can technically sue her for trespass and nuisance and get a judgment for the cost of removal of the bamboo; plus attorney fees, and other damages as the Court sees it.However, very often, the threat of a lawsuit does the job without the need to even file. An attorney's "demand letter" will go a long way to show that you are serious, and will threaten to file suit unless the bamboo is trimmed. Such a letter coming from an attorney's office carries much gravitas and is often effective. It is about $75 to $100 depending on the attorney in a case such as yours. The demand letter is not mandatory before filing suit, but is a good step to take. If it fails, you always have litigation. Apologies for the wait!IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
well... please... that is a totally different answer than just cut it and spray it :) OK... so... I did find a lawyer, but I got rid of him because he was rude, didnt listen to what I was saying and cost an arm and a leg to send a letter. (you attorney's think you can charge extortinate prices!!) Could we do this in a civil court... OR...you think a lawyer and sending letter is the best route? If so, I will have to run around and try find ANOTHER. Not easy to find.. either. SO.. you are ABSOLUTELY 100% SURE that we can do all this... without a shadow of a doubt? Where did you get all the reference stuff from so quickly?
well... please... that is a totally different answer than just cut it and spray itMuchas gracias.OK... so... I did find a lawyer, but I got rid of him because he was rude, didnt listen to what I was saying and cost an arm and a leg to send a letter. (you attorney's think you can charge extortinate prices!!)Sorry to hear that. Some attorneys are like that. The good news is that there are so many of us that you can shop around - get some quotes for the demand letter. Realistically, you can get one for under $150 for sure.Could we do this in a civil court... OR...you think a lawyer and sending letter is the best route?Remember that if the letter fails, you still always have the civil suit! So you lose nothing but $150 by trying (although that's nothing to sneeze at, either). Court is not pleasant. So if you think the letter may be effective, try it - it is worth the money. If so, I will have to run around and try find ANOTHER. Not easy to find.. either.To find an attorney quickly, try here:http://www.pabar.org/public/membership/lrsblurb.aspSO.. you are ABSOLUTELY 100% SURE that we can do all this... without a shadow of a doubt? Where did you get all the reference stuff from so quickly?I can never guarantee success. But the law is fairly simple her - her vegetation is growing on your property - it is a no-brainer. The citation of Jones v. Wagner, 624 A. 2d 166 - Pa: Superior Court 1993 and Section 822 of the Restatement (Second) of Torts via McGrawth v. Snodgrass is easy to find when you know the underlining issue. It is simply knowing the law, and yes, I am fast - but this is why you come to JustAnswer - to get fast, accurate answers. Otherwise, I would simply be wasting your time.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
since you are so knowledgeable on this - and believe me, you are the FIRST one to actually give us some decent answer instead of the usual bs that gets churned out... Would you be willing to be retained for writing a letter? I know this is a little bit too much - but honestly... there are few and far between legal counsel advisors out there who truly give it straight up... you all seem to have the tendency to jump around fences to get straight to the point and it is so annoying.. guess that is the inpatient english/irish blood I have :)
ps... the bamboo isnt on the line YET.. she just planted the darned thing. but because it grows at super human rapid rate - we are acting on this quickly. It is less than one foot from the property line. We also have some of her property still in our woods that she refuses to shift.. but that is another matter and less important... the invasion of the bamboo "triffords" is the huge potential problem here and we want her to SHIFT them back.. contain them and make sure she doesnt flatten our newly erected fence in the process. Geez.. why does there have to be such neighbors around?
Thank you again for your kind words.I do not mind providing a template letter for you, but JustAnswer experts are limited in what we can do - we cannot represent clients as customers.Ergo, I can present a template and you can send it... yourself. It may not be as effective as an attorney's letter, but it would be a demand letter, nonetheless. Would this be acceptable to you?Or, you can always retain an attorney to draft one and have it go out from his desk.Shall I provide a sample?
yes please to the template... ahh that is such a shame that you couldnt represent us. My husband just walked through the door and said you are the best one so far... and there you are... on the freakin internet of all places!!! You are in a private practice right? so all your clients come solely from this internet site?
Hello,If you keep praising me, it's all going to go to my head.Actually, JustAnswer does not allow its experts to take customers as clients, or even really reveal much about ourselves. Simply the way the site is set up. So technically, none of my private practice clients come from this site - since I cannot take any one once I have engaged with them as a JustAnswer customer.Working on the letter now...a moment.
on the serious side here... well naturally you dont want to reveal where you are.. .because who knows what nutcase is on the other side. The Internet is so dangerous. It's just a darned shame - thats all because if you were local or reachable via a web site - we would have come to you. That is all.
Dear Ms.________This correspondence is in regards XXXXX XXXXX vegetation, namely the bamboo that is growing in and under the fence separating our property from yours at (brief description of location).Despite my genuine requests that the vegetation be restricted to your own property, this has not occurred. You are hereby noticed that unless the vegetation is cut away from our property within ____ days, we will contemplate litigation for relief.Under Jones v. Wagner, 624 A. 2d 166 - Pa: Superior Court 1993 and other applicable law, such actions amount to trespass and are actionable in Court. We will strongly consider filing for trespass against you, along with private nuisance as explained under Section 822 of the Restatement (Second) of Torts), recognized in Pennsylvania.According to Jones, a Plaintiff on a trespass theory may seek equitable relief compelling the trespassing neighbor to remove the trees to the extent of the encroachment and seek appropriate incidental and consequential damages. Aside from this, along with nuisance, we will also request attorney fees and any and all punitive damages the Court of property jurisdiction will allow.We do hope to settle this matter amicably and still wish to do so. We urge you to give this correspondence your utmost attention.Sincerely,SIGNATURESNames.Send certified, return receipt requested. A good number of deadline days to give is 5 or 7, or 15, but it is your decision.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
WONDERBAR... bravo... eyxaristw... merci XXXXX XXXXX YOU! XXXXX cannot speak anymore languages.. Thank you. You have been absolutely terrific... I cannot thank you enough. Very kind, very good and for once today - I'm smiling. The triffords have left my mind for a brief moment :) Thank you so much "Ely" - probably isnt your real name.. but hey, I would have something false too :)
Ha, thank you. It is really not that big of a deal.Good luck. I hope this works out for you. Remember, do not rush to court - it is an emotional drain and is not pleasant. Cheers, XXXXX XXXXX forget to rate my answer in one of top three faces – it is the only way I get credit for my time with you.
Qualified attorney in private practice including business, family, criminal, and real estate issues.
did you say to rate the face on the left or the right for your money!!! :) Just kidding.... chill... have a great day and hope you have lots of happy clients.. you should. you know your stuff. chow bambino
found it... sorry. bye :)
Ha, thanks. Again, you're quite welcome and good bye.
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