Bamboo and the Law UK

Bamboo and the Law UK: Branded a ‘crisis’ in the press, Property Disputes Specialist Mike Hansom considers the threat posed to property owners by certain varieties of bamboo. This helpful article includes claiming damages and applying for an injunction.

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To many of us, mentioning bamboo conjures images of giant pandas, canes supporting runner beans, or even that rather cringeworthy song in Chitty Chitty Bang Bang – all very innocuous. However, bamboo has a far darker side and is an increasing concern for property owners. Indeed, in terms of property damage, bamboo is quickly becoming as big a problem as Japanese Knotweed. But unlike its fellow invader, bamboo is not currently considered an invasive species, so carries no restrictions on planting. This article, Bamboo and the Law UK, is a short guide to the law applying to bamboo in England and Wales, including claiming damages and applying for an injunction.

“Mike, we are so grateful for your advice and guidance. We just wish we’d found you earlier.”

Invasive bamboo

Bamboo in the garden In 1998, gardening author and journalist Christopher Lloyd wrote:

“Even the smallest garden has room for a bamboo. It is a feature of powerful character and might often be considered instead of a tree. It makes a good lawn specimen if its suckers show a tendency to wander, they are easily dealt with by the mower (provided your holidays are not too prolonged).”

Such was the fashion for bamboo in the nineties and early noughties that it was a rare garden makeover show where it didn’t feature as screening, edging or natural fencing. However, the press is now warning of a British bamboo crisis.

To be clear, not all species of bamboo are a problem. Clumping varieties grow upwards, producing new shoots close to the original root ball. On the other hand, running bamboos send out rhizomes reaching several metres in all directions. Then, each rhizome produces knuckle-like nodes, from which thick new shoots head forcibly toward the light. Little stands in their way, the shoots readily boring through tarmac, paving, plaster, and even cement. And there are numerous reports of them lifting floorboards and tiles in neighbouring homes.

Stop bamboo spreading

Tracked digger brought in to remove bamboo The tendency to use bamboo as natural fencing means it’s often planted in prime invasion territory close to property boundaries. The level of threat depends on whether it’s a running or clumping variety and whether a root barrier is installed surrounding the base, helping contain the plant. In the case of running bamboo, a barrier is essential. But, in addition, the property owner/occupier should inspect annually and cut and remove rhizomes escaping over the top. Clumping varieties can also sometimes spread, so consider pots or root barriers for them.

In the case of escape, removing all rhizomes is the only reliable solution to stop running bamboo spreading. That frequently requires heavy machinery, and removal costs can prove substantial. In addition, there’s the cost of repairing damage caused to any buildings and other structures.

In an extreme case, eradication involves removing internal floors to enable excavation beneath the foundation level.

Bamboo damage claims

Understandably, properties with an existing bamboo problem are more difficult to sell and mortgage, reducing their value, sometimes substantially. Subject to expert valuation evidence, neighbouring properties may be able to claim for:

this diminution in their value; plus
the removal and repair costs outlined above; and
any other reasonably foreseeable expense not deemed too ‘remote’.

Like claims involving Japanese Knotweed, bamboo damage claims can sometimes run into hundreds of thousands of pounds.

Injunction for bamboo

If your neighbour fails to prevent their bamboo from invading your property, you can ask the court to grant you an injunction forcing them to commence control measures. That’s in addition to any financial claim.

Another possibility is asking your local authority to treat the problem as a form of antisocial behaviour. If your neighbour ignores the authority’s warnings, they have the power under the Antisocial Behaviour, Crime and Policing Act 2014 to issue a Community Protection Notice. Failing to comply with a notice without a reasonable excuse is a criminal offence, potentially carrying a hefty fine.