Can a neighbor be forced to contain invasive bamboo?

UPDATED: Sep 30, 2022

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Can a neighbor be forced to contain invasive bamboo?

Our neighbor is letting his invasive bamboo plant run wild onto our property.
It’s encroaching on our property line and taking hold. We have spoken several
times over 3 years about him containing the problem. He always insists that he is
‘getting to it’ but never actually fixes the problem. I don’t want to wait until
the bamboo cracks the foundation of our house. I want it removed or contained.

Asked on August 8, 2016 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An bamboo plants growing on your property, you can simply cut down--you don't need to tolerate his plants on your property. You can sue your neighbor for any costs you incur (e.g. landscapper or disposal costs, or from damage to any of your walls, walks, driveway, etc.) due to his plants, since it is likely negligent, or unreasonably careless, to not take steps about a fast-growing, invasive plant, especially once your neighbor has provide notice or warning of issues/problems.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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