I live in a housing estate and about three years ago a wall-sharing neighbour planted five black bamboo trees on his side, as well as two other trees next to walls adjoining other neighbours. In the past 18 months, his watering on his side has rendered a shed a soggy mess with water coming directly from his watering of the bamboo.
I tried to query the amount of watering he was doing, but he dismissed it. I have since read that properties can be deemed uninsurable if black bamboo, which travels widely underground, is present and encroaching on adjoining properties. I am in my 70s and I’m terrified for my property and my neighbour’s lack of care. What are my options?
Black bamboo is not suitable for growing near structures unless there are measures in place to limit the spread of its root system. Its rhizomes tend to spread horizontally underground and enable its growth to spread. This presents an unacceptable risk to nearby buildings.
Moist well-drained soil is recommended for black bamboo. Irrespective of water requirements, your neighbour is not entitled to create a situation that adversely affects your garden and the shed, which I presume is in your garden.
You say he dismissed your query about the watering of his black bamboo. Therefore, you should proceed cautiously and start by inviting him to your garden to see the damage. Explain to him that the ground became soggy after he started watering his black bamboo and ask him for suggestions that might resolve the situation. As part of the discussion, you could suggest that as it is evident that his soil is not well drained, he might consider improved drainage or some measures to limit the ingress to your garden.
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If he offers no solution or continues to be dismissive of your concerns, you will need to collect as much information as possible. When your property is adversely affected by some action or event it is useful to have before-and-after evidence, including photographs, to address to issue. The nature of the damage to your shed, or whether its of concrete block or timber or other construction, is not stated in your query. However, photographs may indicate the damaging effects of the water. I believe your case would benefit from an independent assessment, such as a report from a chartered building surveyor. It may be useful to talk to the other adjoining owners you refer to and get their views. They may contribute to the costs of having a report prepared if they are sufficiently concerned about potential damage to their properties.
You should also get advice from a garden centre or gardener about inserting a PVC water barrier and/or a drainage channel as close to the boundary wall as possible. A narrow trench, 40-50cm deep, containing a small-diameter perforated drainage pipe surrounded and filled with stone chippings to direct water to a sump away from the shed may be an option.
If the problem persists and your neighbour remains unco-operative, you should get legal advice on your options. Your surveyor’s report will enable your solicitor to give you specific advice. You should, however, avoid any escalation at this stage that risks leading to litigation.
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Your objective, when informed by your surveyor’s report, gardener’s advice and legal advice, should be to explain the implications to your neighbour and try to persuade him to reconsider his watering regime as part of your efforts to reach an amicable solution. If all efforts are unsuccessful, your accumulated evidence, independent advice and record of the efforts you took to amicably resolve the situation will very much be in your favour if litigation becomes your only option.
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland
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