What is the name of your state (only U.S. law)? Long Island NY
During a winter storm this January, the 18 ft blowing/swaying bamboo from the neighbors property (grown on their side of the property line) partially removed the neutral from the electrical lines from the pole on the street in front of their property to our home. This caused an extensive and costly Homeowner's Insurance claim as 3/4's of everthing electrical in our home was fried before I managed to throw the main breaker and evacuate the home during the storm with my 2yr old, 8 month old and dog.
The fire dept came and stated the power company must reattach the electrical lines to the home and we would need a licensed electrician to assess the home before we could return. (This electrician was to be there when we restarted the power in case the wiring in the walls had melted and was to spark and cause a fire.) After 3 days we were finally able to return to the home and begin replacing everything that was lost. This was obviously extremely traumatic to my children and myself and I was informed by the electrician, that had I not been home on maternity leave and there to throw the main breaker, all the wiring would have eventually melted in the walls, gone on fire and burned the house down. At that time we were assured by the neighbor that the bamboo would be cut below the lines or removed.
Altho the bamboo height has been trimmed below the lines by the neighbor, since it is a type of running bamboo, it is now spreading like wildfire in its attempt to regrow. This means the bamboo has now jumped the property line and is now growing 11.65 feet inside on our property and along the foundation of our home. These new shoots are growing up through the FIOS lines and box that are currently mounted to the home right along side the house foundation and are also now growing up to and hanging over the cobblestones lining our new (3 year old) circular driveway.
I then sent a certified/return receipt letter (that was carbon copied to our home owners insurance company) stating that the bamboo has become a hazard, is encroaching and must be removed from our property and contained. The neighbor then stated he would NOT REMOVE all the bamboo as it would be too costly but would work to do what we requested on our side. Unfortunately altho we explained that the property line must be trenched and blocked with a 36" bamboo blocker the neighbor only CUT the bamboo on our property and put in a 6" gardening blocker.
Again, since the bamboo was cut and the rhizomes not removed, it is now growing worse then before and has returned. It is back everywhere it was before and more. A professional landscaper was called by myself for an estimate and I was informed it would cost roughly $4k for complete removal and a continuous Bamboo Blocker to be installed down our entire property line. This would not include the Value Loss to the Property for the sacrifice of all the full grown Red Maples, Rose of Sharons, Hydrangeas, Rose bushes, Hostas and various other Evergreen trees and bushes on our entire side of the property line in order to lower the cost of the bamboo removal and blocker to be installed. It also did not include any additional charges for the replacement and repair of the sprinkler lines that will be dug up during the bamboo removal since the rhizomes underground had now grown right up to the home foundation. The Landscaper did reiterate NOT to cut the bamboo as it would just push the rhizomes to send out more new shoots that could potentially manage their way into the foundation and basement or through the driveway.
We simply do not have the money to continue to pay for additional costs of this neighbor's encroaching and hazardous bamboo. Altho I have sent this estimate (certified return receipt) to the neighbor (and our home owners insurance co) along with a letter and pictures of the bamboo growth from the winter to date, I have received no response. We are considering small claims but I am simply so distressed about this I don't know where or how to proceed? Should I assume the best and email the neighbor politely asking how they'd like to proceed, AGAIN? Or skip trying to talk to them and take the time off from work to try a small claims (but am afraid the judge will just split the cost ending up with a $2k bill I can't pay after the $1k deductible we just paid in Jan)? Or should I contact a lawyer for help (who really I probably can't afford to pay either?)
In the interim the bamboo is growing in leaps and bounds. Perhaps once it compromises the foundation and our finished basement floods, I can have the Home Owners Ins companies fight it out? (kidding) In the meantime I am losing sleep and have become a nervous wreck. Any help or advice would be GREATLY appreciated!
During a winter storm this January, the 18 ft blowing/swaying bamboo from the neighbors property (grown on their side of the property line) partially removed the neutral from the electrical lines from the pole on the street in front of their property to our home. This caused an extensive and costly Homeowner's Insurance claim as 3/4's of everthing electrical in our home was fried before I managed to throw the main breaker and evacuate the home during the storm with my 2yr old, 8 month old and dog.
The fire dept came and stated the power company must reattach the electrical lines to the home and we would need a licensed electrician to assess the home before we could return. (This electrician was to be there when we restarted the power in case the wiring in the walls had melted and was to spark and cause a fire.) After 3 days we were finally able to return to the home and begin replacing everything that was lost. This was obviously extremely traumatic to my children and myself and I was informed by the electrician, that had I not been home on maternity leave and there to throw the main breaker, all the wiring would have eventually melted in the walls, gone on fire and burned the house down. At that time we were assured by the neighbor that the bamboo would be cut below the lines or removed.
Altho the bamboo height has been trimmed below the lines by the neighbor, since it is a type of running bamboo, it is now spreading like wildfire in its attempt to regrow. This means the bamboo has now jumped the property line and is now growing 11.65 feet inside on our property and along the foundation of our home. These new shoots are growing up through the FIOS lines and box that are currently mounted to the home right along side the house foundation and are also now growing up to and hanging over the cobblestones lining our new (3 year old) circular driveway.
I then sent a certified/return receipt letter (that was carbon copied to our home owners insurance company) stating that the bamboo has become a hazard, is encroaching and must be removed from our property and contained. The neighbor then stated he would NOT REMOVE all the bamboo as it would be too costly but would work to do what we requested on our side. Unfortunately altho we explained that the property line must be trenched and blocked with a 36" bamboo blocker the neighbor only CUT the bamboo on our property and put in a 6" gardening blocker.
Again, since the bamboo was cut and the rhizomes not removed, it is now growing worse then before and has returned. It is back everywhere it was before and more. A professional landscaper was called by myself for an estimate and I was informed it would cost roughly $4k for complete removal and a continuous Bamboo Blocker to be installed down our entire property line. This would not include the Value Loss to the Property for the sacrifice of all the full grown Red Maples, Rose of Sharons, Hydrangeas, Rose bushes, Hostas and various other Evergreen trees and bushes on our entire side of the property line in order to lower the cost of the bamboo removal and blocker to be installed. It also did not include any additional charges for the replacement and repair of the sprinkler lines that will be dug up during the bamboo removal since the rhizomes underground had now grown right up to the home foundation. The Landscaper did reiterate NOT to cut the bamboo as it would just push the rhizomes to send out more new shoots that could potentially manage their way into the foundation and basement or through the driveway.
We simply do not have the money to continue to pay for additional costs of this neighbor's encroaching and hazardous bamboo. Altho I have sent this estimate (certified return receipt) to the neighbor (and our home owners insurance co) along with a letter and pictures of the bamboo growth from the winter to date, I have received no response. We are considering small claims but I am simply so distressed about this I don't know where or how to proceed? Should I assume the best and email the neighbor politely asking how they'd like to proceed, AGAIN? Or skip trying to talk to them and take the time off from work to try a small claims (but am afraid the judge will just split the cost ending up with a $2k bill I can't pay after the $1k deductible we just paid in Jan)? Or should I contact a lawyer for help (who really I probably can't afford to pay either?)
In the interim the bamboo is growing in leaps and bounds. Perhaps once it compromises the foundation and our finished basement floods, I can have the Home Owners Ins companies fight it out? (kidding) In the meantime I am losing sleep and have become a nervous wreck. Any help or advice would be GREATLY appreciated!