Garden dispute

[Stantheman98]

My next door neighbour has just knocked & said that a clump of bamboo plants in my garden are pushing up spears from the bamboos roots into their artificial grass next door ! I've lived here nearly 3 years now & the bamboo was already in the garden when the house was bought. The neighbour said that the artificial grass cost more than £4,000 & the roots could damage it, they didn't exactly say what they expected me to do, so I was just wondering what my legal position would be if their artificial grass was damaged & they made a claim against me ?

[lawboy65]

You are the owner of the banboo roots as they originate in your property. However, your neighbour is within his rights to remove the roots up to the line where his property meets yours. By informing you that the roots may be causing damage to his property, you may be liable if damage is caused.
The owner of the land on which the roots grows remains the owner of the roots even after they have been removed, they should therefore, be returned, legally speaking. However, if agreed they can be disposed of in the usual way. If they fail to do so, their action may amount to theft.
Your neighbour is within his rights to remove the roots on his land They will also need to ask you what you would like them to do with them once they have been removed: simply throwing them back into your garden could constitute fly tipping.
If you’re neighbour is worried that the roots are causing damage to their property they should notify you of their concerns, which they have. It is worth noting that as your neighbour has notified you of the possibility of damage , you could be held liable for any damage caused by the roots.
It would probably be prudent for your neighbour to contact their insurers before carrying out any work. It may be in their interest to get them involved before any further damage is caused and for this reason they will probably arrange and pay for the work to be carried out.
That is the legal position, but it is always best to speak with your neighbour so an amicable arrangement can be made.

[des8]

Where plant roots cause damage to a neighbouring property, the owner of the plant can be liable for such damage.
Shoots coming from your plant would IMO fall under the same classification.
The answer is to control your bamboo
I would imagine any claim would be made on the basis of nuisance, rather than trespass