If a bamboo tree impinges on neighbor’s fence and in inclement weather can damage fence, am I obligated to remove bamboo?

I have bamboo on my property near the property line and on my side of a fence built by my neighbor. The bamboo has been there for at least 40 years, through several owners of the house now lived in by this neighbor. The bamboo is 20-30 feet tall. My neighbor recently razed the original home on the property and put up a “McMansion.” The back of his house borders on the side of my propertyand is within 20 feet of the property line. All suitably legal. He wants me to remove the bamboo or pay to have something installed that will prevent the bamboo from leaning over his fence into his yard

Asked on November 3, 2011 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really have no obligation to remove the bamboo that you neighbor is now complaining about. If he or she does not like the bamboo that is growing over into his or her property, he or she can simply prune it back. The caveat is that he or she cannot damage your bamboo.

You have no obligation or duty to her about removing the vegetation that is the subject of the complaint. You have no obligation to pay to have something installed that will prevent the bamboo from leaning on the common fence.

Good luck with the bamboo and the neighbor.

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