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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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my neighbor has planted bamboo which is now invading my property.

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my neighbor has planted bamboo which is now invading my property. how do I get rid of it and what are my legal rights?

Thank you for your question.

Can you explain how it is invading your property?
Customer: replied 3 years ago.

it has spread down from his property and onto the grassy area of my property. it may also be in the beds surrounding my house

Just to make sure I'm understanding you correctly, this is actually different bamboo shoots which are emerging on your side of the property line? It's not the same tree, correct?
Customer: replied 3 years ago.

I believe it is the same tree

I see. It's a shoot from the same tree which is growing on your side of the property now. Is that fair?

The main issue is this, New Jersey law allows you to cut down any portion of a tree which is invading your property up to the property line. As that stands, you may legally remove the bamboo shoots from your property.
Customer: replied 3 years ago.

i don't know if I answered correctly, but there are numerous shoots on my property, not sure if they all came from same tree

Well, at the end of the day, it really doesn't matter. Where a neighbor's plants invade your property, you have the right under New Jersey law to remove them.
Customer: replied 3 years ago.

i guess I really need to know if I have any legal recourse if the removal of this bamboo becomes too costly.

Unfortunately, there is no recourse here. The law provides you with the right to remove the trespassing plant but states that you bear you own costs in doing so.
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