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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live in Clackamas county in Oregon. My neighbor planted

Customer Question

I live in Clackamas county in Oregon. My neighbor planted running bamboo next to our fence over 40ft in length. He never put in a barrier for the roots. Now my flower beds and pavement in the driveway is sprouting bamboo shoots over 10 ft from the fence. how do I solve my bamboo intrusion?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Can I sue and get damages and costs to repair and arraticate the roots?
Expert:  Ely replied 1 year 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.

I am sorry to hear about this situation. As discussed in Carvalho v. Wolfe, 140 P. 3d 1161 - Or: Court of Appeals 2006, someone in your situation has the following options:

1) Use own labor or hired labor (for reasonable price) to cut the roots from your side of the property, and

2) Pursue the neighbor for reasonable cost of doing so.

One cannot cross over to their property so the work must end at your property line, and one must ensure not to cut anything on their property.

So yes, the neighbor may be liable for the reasonable costs for one having to take out the overgrowth.

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.

Customer: replied 1 year ago.
Do I pursue through the courts? We are not on friendly terms
Expert:  Ely replied 1 year ago.

Yes. If they refuse to pay the reasonable cost, one would have to pursue via the court for a judgment to cover said reasonable cost.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!