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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have bamboo in my backyard and I don't know how it got

Customer Question

Hello. I have bamboo in my backyard and I don't know how it got there. It's been there for years, way before I bought the house. My neighbor also has bamboo in her yard and it's also been there for years, way before she bought the house. She's now wanting to remove her bamboo and do landscape work and wants me to build a root barrier to keep my current bamboo from encroaching on her property. The day she asked me to do this, I literally put an offer in to buy a new house and began putting up my property for sale, out of pure coincidence!
For all we know, it's possible the bamboo in my yard originally got there from my neighbor's previous owners who may have put the bamboo in her yard and it spread to my yard. We don't know for certain, but we think it probably started in my yard, but no way to prove anything or know for certain.
What is the right thing to do legally?
I'm offering my neighbor to pay for the root barrier material and to rent the machine to do the job on her property, b/c my properly already has landscape work that I've paid for that will mess that up, where as her property has not yet been landscaped.
Your thoughts on what to do if you were me?
Let me know if you have any further questions.
Eric
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. "What is the right thing to do legally?" Nothing. If A owns a tree, A does not have to do anything in Texas to block the tree from growing roots unto B's property and/or same with branches. But if A does not do anything, then B can seek self-help in cutting the growths that encroach on B's property, taking care to only cut those parts that actually cross over into B's property. B can also sue A for reasonable costs of contract labor needed for this. So while A does not have to do anything, it may be in A's best interest to agree to split the root barrier cost, perhaps (50/50, 75/20, etc - completely negotiable as this is voluntary). This is to avoid B's possibly legal claim to recoup costs for cutting the tree's roots/branches as they encroach across to B's property. At the same time, if A is selling the property, they may simply let the buyer deal with it in the future if/when it becomes an issue (although it would be best to disclose this issue in writing to the buyer so that the buyer cannot claim fraud by nondisclosure). I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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