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What can we do about the neighbor’s bamboo growing under our fence? DEAN DUNHAM answers
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What can we do about the neighbor’s bamboo growing under our fence? DEAN DUNHAM answers

Our neighbor grows bamboo along our property line and the roots are spreading under the fence and into our yard.

We’ve dug as much as we can, but we’re worried it could knock thousands of dollars off the value of our home. Can we insist that they remove it?

Name withheld.

What can we do about the neighbor’s bamboo growing under our fence? DEAN DUNHAM answers

Pity: A reader fears a neighbor’s bamboo could knock thousands of pounds off the value of their property.

Dean Dunham responds: When it comes to property damage, bamboo is quickly becoming as big a problem as Japanese knotweed.

But unlike its fellow invaders, bamboo is currently not considered an invasive species and is therefore not subject to any restrictions.

at planting. And as there are currently no regulations in place in the UK for bamboo, you have no right to insist that your neighbor removes the plant.

However, this doesn’t mean you can’t do anything, as it is now common for properties with bamboo problems to be more difficult to sell and mortgage, leading to a drop in property values.

In these circumstances, you will potentially have recourse against your neighbor and could demand compensation for the diminished value of your property and/or compensation to cover the costs of removing the bamboo and possible repair costs.

You can also ask your local authority to treat the problem as a form of anti-social behavior. If the municipality agrees, it will put your neighbor on notice to resolve the problem.

Before taking any of the above actions, you should gather evidence including photographs, a timeline of the damage caused, and expert reports on that damage and its effect on the valuation of your property.

With this in mind, you should first speak to your neighbor to see if an amicable resolution can be reached.

Is the estranged ex-sister entitled to her mother’s inheritance?

My mother is 88 years old and doesn’t have long to live after a stroke. She has no will.

My brother and I have a sister that neither of us has had contact with since 1978. Is she entitled to any part of our mother’s estate?

SM Spalding, Lincs.

Dean Dunham responds: If your mother dies without a will, the rules of intestate succession will come into effect and determine who is entitled to inherit her estate.

These rules place the spouse or civil partner at the top of the priority list, followed by any children.

In this regard, the intestacy rules do not differentiate between a child who had a close relationship with their parent and a child from whom they are separated, as in your case.

This means that your ex-sister will actually be entitled to a share of your mother’s estate.

If your mother has a surviving spouse or civil partner at the time of her death, they will be entitled to inherit the first £250,000 of the estate as well as your mother’s personal belongings.

Any funds remaining after the initial £250,000 would be split down the middle, with the spouse/partner receiving a further 50% and the remaining 50% split equally between the children.

If your mother does not have a surviving spouse or civil partner when she dies, the estate will be shared equally between her children.

If your mother does not want your ex-sister to benefit from her estate after her death, she will need to write a will. But she will have to prove that she is of sound mind and therefore fully understands the will.

However, this is not a watertight solution, as in certain circumstances a family member omitted from a will can challenge this under a law called The Inheritance (Provision for Family and Dependants) Act 1975.

If your ex-sister made a claim under this law, it would mean that she was financially dependent on your mother while she was alive and it is reasonable to expect this arrangement to continue after her death.

The court does not give credit to disgruntled beneficiaries who believe the will is unfair or who were hoping for a larger share of the estate.

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