If you have bamboo growing in your garden, it might be time to reassess how well it’s being maintained, because, according to a property lawyer, you could be sued by your neighbours if it gets out of hand.
This fast-growing plant can cause structural property damage, block light, and is difficult to remove – things that won’t put you in your neighbour’s good books and could actually lead to legal action.
To find out whether invasive bamboo could get you in trouble, and what this process would look like, keep reading.
Article continues belowWhen can you be sued for having bamboo in your garden?
While it is not illegal to grow bamboo in your garden, your neighbour may be able to sue you if it causes damage or becomes a nuisance. According to qualified barrister Cynthia McFarlane, this is possible under the following circumstances:
- The bamboo has encroached the boundary to your neighbour's land
- The bamboo has caused physical damage to their property
- The bamboo has affected the quiet enjoyment of their land
Cynthia explains that, to improve the quality of their claim and the likelihood of success, they would need to liaise with:
- A chartered surveyor to assess the physical damage to the property
- A specialist valuer to assess the likely diminution in value caused by the bamboo
- An invasive plant specialist
Some home insurance policies cover disputes or provide access to specialist expert services, she adds.
Cynthia McFarlane is a qualified barrister with over 20 years experience. Cynthia has a wide range of knowledge on different aspects of law, including property law.
Can my neighbours legally require me to cut my bamboo plant?
"Bamboo is quickly becoming seen as the new Japanese knotweed," says Cynthia McFarlane. "In theory, you are able to apply to the court for a mandatory injunction requiring your neighbour to remove or trim bamboo that grows onto your property."
While it is possible, Cynthia says that, to avoid legal costs, delays, and the uncertainty of the outcome, it is always best to try to resolve the matter outside of court first.
How do I remove bamboo from my garden?
When it comes to killing bamboo in your garden, the biggest (and most important) challenge will be tackling the underground rhizomes (stems), according to Lucia Hechem, a plant expert at PlantIn.
"For established stands, the most effective approach is the 'cut and paint' method," she explains. "Cut the canes (culms) at ground level and immediately apply a systemic herbicide – like triclopyr (found as 'brush killers' at most home centers) or glyphosate – directly onto the fresh cut. You must do this within minutes before the plant seals the wound."
As a natural alternative, you can remove the rhizomes manually, or use a mini excavator for large patches.
Containing 8.8% triclopyr, this solution will kill and prevent the growth of woody plants such as bamboo.
Lucia Hechem is an agricultural engineer and plant specialist at PlantIn – a plant care and identification app.
Even if your bamboo isn’t currently invading your neighbour’s garden, it’s definitely worth keeping an eye on, since it can grow one to five feet every year.
For more expert advice, you may want to read our guide on the plants that can damage homes and the Japanese knotweed law.
