T
Tim.
Guest
SANTA CLARA COUNTY, SAN JOSE CA.
I bought my house 3 years ago. Two sides of my backyard were planted with bamboo, which gives a superb degree of privacy. Within a few months of purchasing the house, one of my neighbors told me that the bamboo was growing under the fence and into her backyard, and she asked me to stop the bamboo from growing into her yard. The patch of her yard was a corner behind the shed, and the bamboo was growing up through a pile of junk that included lawn chairs and a toilet! So I shuffled around the junk and began my best efforts at bamboo control, and have continued to battle with the bamboo ever since. My neighbor continues to ask me to control the bamboo, and I continue to battle for control! I've been reasonably successful and have managed to kill off and halt all of the growth in her backyard behind the shed, and most of it between the fence and her shed.
In the spring of 2000, my neighbor knocked on my door and asked me to look at some damage the bamboo had caused to their driveway. So I went to look. The driveway showed (and still shows) a significant number of cracks and a significant degree of subsistence along its entire length and width. I told the neighbors that I really didn't think that the bamboo could have caused the crack in her driveway she referred to, and pointed out the age and general state of her driveway, saying that it was probably the result of age and wear-and-tear. But I also told them that I would go look for any roots growing in that direction and cut them, which I did.
About two months ago the neighbor began to insist that I permanently remove the bamboo. Well, frankly, this is what I want to do, but the shared fence between our property is only 4-feet high and desperately needs to be replaced (it was already sagging and propped when we purchased the house). I offered to remove the bamboo, providing that the fence was replaced immediately after the removal work, and gave the neighbor a (proposed) written agreement to replace the fence.
And that was the last I heard until Saturday .... when I received a certified letter from my neighbor threatening legal action and claiming that, after repeated requests, I have taken no action to resolve her issue of the bamboo intrusion into her property, the intrusive bamboo growth has 1) damaged her backyard lawn, and, 2) caused her driveway to rupture, and, 3) unless I take immediate action to control the bamboo I am, and will continue to be liable for any present or future damage.
So, after all of that background, here are my three questions:
1. Am I now, and can I be held, responsible for the vegetation growth, bearing in mind that I have made continuous efforts to control the growth over time?
2. What is my position now that I had proposed a permanent solution (i.e. removal followed by fence replacement) and my neighbor has not replied?
3. Taking into account the state of my neighbors driveway, how likely is it that I can be held liable for the cracked portion of the driveway I was shown in the spring?
I appreciate any advice, help or direction!
-- Tim.
I bought my house 3 years ago. Two sides of my backyard were planted with bamboo, which gives a superb degree of privacy. Within a few months of purchasing the house, one of my neighbors told me that the bamboo was growing under the fence and into her backyard, and she asked me to stop the bamboo from growing into her yard. The patch of her yard was a corner behind the shed, and the bamboo was growing up through a pile of junk that included lawn chairs and a toilet! So I shuffled around the junk and began my best efforts at bamboo control, and have continued to battle with the bamboo ever since. My neighbor continues to ask me to control the bamboo, and I continue to battle for control! I've been reasonably successful and have managed to kill off and halt all of the growth in her backyard behind the shed, and most of it between the fence and her shed.
In the spring of 2000, my neighbor knocked on my door and asked me to look at some damage the bamboo had caused to their driveway. So I went to look. The driveway showed (and still shows) a significant number of cracks and a significant degree of subsistence along its entire length and width. I told the neighbors that I really didn't think that the bamboo could have caused the crack in her driveway she referred to, and pointed out the age and general state of her driveway, saying that it was probably the result of age and wear-and-tear. But I also told them that I would go look for any roots growing in that direction and cut them, which I did.
About two months ago the neighbor began to insist that I permanently remove the bamboo. Well, frankly, this is what I want to do, but the shared fence between our property is only 4-feet high and desperately needs to be replaced (it was already sagging and propped when we purchased the house). I offered to remove the bamboo, providing that the fence was replaced immediately after the removal work, and gave the neighbor a (proposed) written agreement to replace the fence.
And that was the last I heard until Saturday .... when I received a certified letter from my neighbor threatening legal action and claiming that, after repeated requests, I have taken no action to resolve her issue of the bamboo intrusion into her property, the intrusive bamboo growth has 1) damaged her backyard lawn, and, 2) caused her driveway to rupture, and, 3) unless I take immediate action to control the bamboo I am, and will continue to be liable for any present or future damage.
So, after all of that background, here are my three questions:
1. Am I now, and can I be held, responsible for the vegetation growth, bearing in mind that I have made continuous efforts to control the growth over time?
2. What is my position now that I had proposed a permanent solution (i.e. removal followed by fence replacement) and my neighbor has not replied?
3. Taking into account the state of my neighbors driveway, how likely is it that I can be held liable for the cracked portion of the driveway I was shown in the spring?
I appreciate any advice, help or direction!
-- Tim.