Neighbors In Court: Bamboo Edition

Nothing makes for good neighborly relations like a law suit!

When neighbors take each other to court it’s like an angry divorce without any incentive to be civil to each other for the sake of the kids.

Connecticut has not shortage of neighbors suing each other for one thing or another. Fence companies aren’t marketing themselves well enough.

From Wikipedia

This morning while reviewing cases, I came across a case involving every earthy yuppie’s favorite plant – bamboo. Rickel v. Komaromi, No. CV105010673 (Keegan, J.).

The plaintiff who the court notes was self-represented brought suit against her neighbors seeking money damages for bamboo encroaching on her property.  She alleged that the bamboo invaded her property.

What do you do when bamboo invades your property? Plead a count of “Encroachment by Vegetation?!?!?” That’s what the plaintiff did.

And if that was your answer –  you’d be wrong! The Court granted the Defendant’s Motion to Strike the Plaintiff’s “Encroachment by Vegetation” count finding it was not a cause of action.

The opinion does not address whether or not the plaintiff is seeking the injunctive remedy of caning as relief.

7 thoughts on “Neighbors In Court: Bamboo Edition

  1. Caryn Rickel

    This is known as : Invasive Running Bamboo
    (Rhizomatous )
    produces aggressive long rhizomes that travel underground
    and invade at an astonishing pace. Destroys assets fast. Destructive.
    To google this invasive ,use Invasive Running Bamboo on the google search.
    Grows more aggressive each successive year.

  2. Carol Merritt

    We have also been bamboozled by our neighbor. We have been battling this awful plant for 3 years. We have lost our lawn, irrigation system, shrubbery borders, and all landscaping on that side of our property. It has cost us 3,000 dollars to have a concrete barrier installed to keep the bamboo at bay for only a couple of years. Barriers do not stop it they only slow it down for awhile. We have also paid 6,000 dollars for a lawyer. A neighbor should not be allowed to destroy another’s property whether he is aware of the damage this plant can do or not! Our neighbor should have been responsible and kept his invasive, noxious, weeds underr control. The U.S.D.A. has classified this plant as an invasive, noxious, weed. We need regulations! We need laws!

  3. Caryn Rickel

    http://a6.sphotos.ak.fbcdn.net/hphotos-ak-snc7/p480x480/418062_2838130747403_1083295360_32450931_562893050_n.jpg

    This is what an invasion looks like. This is Phyllostachys: Giant cold hardy -15
    timber bamboo, it is a destructive , noxious non-native invasive species that invades more aggressively underground each successive year. These are the culms that shoot only in May and June. These grow over one foot per day. Underground is a web of rhizomes that connect all the bamboo trees. Per us.fed.data.report one plant will travel 9.3 miles and scientifically is one organism. This is a highly unsuitable plant for a property line as it will travel and destroy assets fast.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>