Bamboo Damage to Neighbors: Solutions and Advice

Questioner

Good day, My garden is being damaged by my neighbors' bamboo. I've asked them several times to remove it. A few years ago, I had to remove the pond because the bamboo had caused it to leak. I've had to remove all the overgrown bamboo myself. I also built another pond on the other side of the garden. I put up a weed barrier at the fence from the neighbors, but now the roots are creeping back into my garden. The neighbors are coming up with all sorts of excuses for why they can't remove the bamboo. How can I resolve this without arguing?

Questioner

Under neighbor law, you are permitted to cut off (and appropriate) roots that extend onto your property. However, with bamboo, the question is whether that is the long-term solution to the problem. It's possible that the neighbors are causing unlawful nuisance by failing to provide measures, such as a concrete container, making them liable for the damage. The question of whether they are acting unlawfully depends on whether the neighbors have already been given notice of default and ordered to stop the nuisance by taking action.