Bamboo and Japanese knotweed are words that may frighten homeowners. They are known to cause problems when they spread into neighbouring properties, but it is important to distinguish between invasive and non-invasive bamboo.
Many bamboo species sold in the UK are non-invasive and can be safely planted in the garden without any risk of them spreading elsewhere. However, invasive bamboo species can be problematic, and those varieties should be avoided at all costs. Not only will they grow prolifically in your garden, but they are also likely to spread exceptionally quickly.
In April 2014, legislation was introduced to ban seven of the worst invasive plants from sale, but around 40 other plants are known to be invasive and should be avoided.
What if I have invasive non-native plants in my garden?
If you already have these species in your garden or on your land, you are not likely to be prosecuted simply for having them. However, once you know you have an invasive plant, removing and destroying them where possible is good practice, even if you didn’t plant them. It is also your responsibility to ensure they are not allowed to spread.
If you have a very large area to treat, it may be best to obtain the services of a contractor with the appropriate certificate of competence or a firm that specialises in the control of invasive weeds such as Japanese Knotweed and bamboo.
What does the law say about bamboo?
There are no issues with planting or planting non-invasive bamboo in your garden. There are no criminal sanctions for having invasive bamboo in your garden, but you need to be very careful that the bamboo does not spread to a neighbouring garden or land because that can constitute a legal nuisance, and you can be required to remove it. You could find that you are liable for private nuisance if the plant is causing physical damage to the neighbouring property, buildings, or vegetation on that land or if it interferes unreasonably with the neighbour’s enjoyment of their land.
Who is responsible for the bamboo?
If the plant emanates from your property and spreads to the neighbouring property, and there is unequivocally no doubt that the source of the bamboo was from your property, then you would be potentially liable for legal nuisance and any damage caused to the neighbouring property.
Am I liable if bamboo spreads to a neighbour’s property?
Yes, theoretically you could be. If it can be shown that the plant is causing physical damage to next door either to buildings or other planting on that land or it is unreasonably interfering with the neighbours’ enjoyment of their land then you may have to take steps to pay for the species to be removed from the neighbouring property and also your own property.
Will my local council take action if bamboo becomes a nuisance?
In some circumstances, and depending on a council’s environmental officer and their budget, the council might investigate and serve notices on the neighbour requiring them to remove the nuisance caused by the bamboo.
What can I do if I inherit a property with problematic bamboo?
First, you should seek advice from a plant specialist to determine whether the bamboo you have is invasive or non-invasive. If it is found to be an invasive species and it is clear that it is spreading to next door, you should instruct a contractor or take steps yourself to remove the bamboo. You should obviously get the consent of next door before you go to their property to remove the invasive species.
How can I legally remove bamboo from my property?
You do not need anybody’s permission to remove invasive or non-invasive bamboo from your property, but if you are removing the bamboo yourself, you should make sure that you dig deep enough to remove all of the roots to prevent it from regrowing.
What should I do if my neighbour’s bamboo is encroaching or damaging my property?
First, you should open a dialogue with your neighbour to see if they are aware of the issue. The neighbour may not have been aware, and once they are made aware, they may quickly take steps to remove the invasive species with your consent. You should ask them to consider removing the bamboo from their property to stop it from encroaching on your property again.
If there is more serious damage even after the bamboo has been removed, then you should discuss the damage with your neighbour and invite them to pay for any work that needs to be done to make good the damage. You should also suggest that your neighbour speaks to their insurance company to see if they will pay to correct any damage that has been caused. You should also report to your own insurance company and seek advice from them. If no insurance cover is available and your neighbour is not cooperative and refusing to pay to remedy any damage caused, then you should consult a local solicitor and potentially write to the neighbour asserting legal nuisance and claiming financial damages.
What should I do if my neighbour refuses to address the bamboo encroachment issue?
In the first instance, you should potentially involve the council to see if they are willing to serve any abatement notices. If they are uncooperative, you should seek advice from a property dispute solicitor and consider a claim in legal nuisance against your neighbour.
Can bamboo be considered a legal nuisance in boundary disputes?
Yes. If the invasive species is encroaching on the neighbouring property and causing physical damage to land, buildings, or vegetation on that land or unreasonably interfering with the neighbours’ use of their land, then that could be a legal nuisance, and you may have a cause of action against the neighbour.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
