Can I take legal action if I buy a house with invasive bamboo? And do I need to tell buyers if my home's infested? MailOnline answers your questions about 'Japanese knotweed 2.0'

READ MORE How to get rid of bamboo  

Invasive bamboo has hit the headlines in the last week after homeowners across the country shared stories of woe.

Residents reported the plant wrecking homes and gardens by infiltrating foundations and brickwork, and coming onto their properties from neighbouring properties.

Only a limited number of species of bamboo found in the UK are invasive.

But their omnipotence in television makeover shows in the 1990s and 2000s influenced countless numbers of enthusiastic gardeners to try it for themselves – sometimes resulting in thousands of pounds of damage.

Emily Grant, operations director at UK-based invasive plant specialist Environet, told MailOnline to be cautious about which plants are lurking in homeowners' gardens, and compiled a list of the top ten to keep an eye on – and take immediate action in a handful of cases.

Here, she shares her tips on what to do for people unsure about where they stand legally if they find invasive bamboo on their property:

Bamboo's aggressive growth has earned it a notorious reputation akin to Japanese knotweed, known for its ability to penetrate building structures and wreak havoc on properties - including in this living room

Bamboo's aggressive growth has earned it a notorious reputation akin to Japanese knotweed, known for its ability to penetrate building structures and wreak havoc on properties - including in this living room

It poses a legal risk if bamboo encroaches on to neighbouring properties or comes up through the floorboards in a home, and can result in prosecution or thousands of pounds worth of fines

It poses a legal risk if bamboo encroaches on to neighbouring properties or comes up through the floorboards in a home, and can result in prosecution or thousands of pounds worth of fines

If I have bamboo in my house, do I need to tell anyone?

If bamboo has appeared inside your house, you probably already have a serious problem on your hands. It can find its way in via pipes, weaknesses or gaps in foundations such as joins in concrete slabs and air vents – and it might not be a simple fix.

The owner of a property in Hampshire had to have the entire ground floor of the house dug up to remove the web of thick bamboo roots underneath which had spread from next door. That's an extreme case, but it's not as unusual as you might think.

Another of our customers returned from his holiday to find a healthy green bamboo plant growing out of his oven, which had made its way in via a small gap alongside some pipes and grown two metres up the inside wall behind his fitted kitchen.

Anyone who is aware of bamboo inside their property, or growing close to it, should arrange a bamboo survey immediately. An expert will be able to tell how far the bamboo has spread, where it's getting in and the best way to remove it with minimal damage or upheaval.

One man returned from his holiday to find a healthy green bamboo plant growing out of his oven

One man returned from his holiday to find a healthy green bamboo plant growing out of his oven

Japanese knotweed is another invasive plant known for causing homeowners huge headaches when going to sell their properties

Japanese knotweed is another invasive plant known for causing homeowners huge headaches when going to sell their properties

What about if I am selling my house? 

There is no obligation for sellers to declare they have bamboo on their property, unlike with Japanese knotweed which must be declared on the Law Society's TA6 form.

That's good news for someone selling their house who could have bamboo sprouting up all over the place and they wouldn't even have to tell anyone.

But it's definitely not fair on the buyers who, if they fail to notice, could unwittingly inherit a large and very expensive problem.

They will be relying on their surveyor, presuming they have a Level 2 or Level 3 survey, to spot the problem and alert them. We are seeing this happen more frequently, as awareness grows.

One of our customers was buying her first property in Bristol and her surveyor flagged up some bamboo that was already on the run in the garden, quite close to the house, and had also started to spread next door.

After a bit of a battle with the seller and the estate agent, she managed to negotiate a reduction in the price.

The Ground Force team, featuring (l-r) Charlie Dimmock, Alan Titchmarsh and Tommy Walsh, who used bamboo in some of their makeovers - but warned about the dangers of an invasive species

The Ground Force team, featuring (l-r) Charlie Dimmock, Alan Titchmarsh and Tommy Walsh, who used bamboo in some of their makeovers - but warned about the dangers of an invasive species

It is not uncommon for bamboo to sprout up into a neighbouring garden, often years after it was first planted

It is not uncommon for bamboo to sprout up into a neighbouring garden, often years after it was first planted

Do I need to inform my neighbours if I have invasive bamboo, or will that scare them?

You don't have a duty to inform your neighbours if you have invasive bamboo on your property since your obligation to them is only to prevent it spreading onto their land where it could cause damage.

However, if it's already spreading on your property and nothing is done, then it's probably only a matter of time until it appears in theirs.

Bamboo doesn't respect property boundaries and can spread 30ft or more from the parent plant.

As it's often planted on boundaries, encroachment issues are common, and if it does spread next door, responsibility for dealing with – and rectifying any damage – will fall to you.

If you fail to take reasonable action to stop the problem after your neighbour has asked, you could find yourself facing a civil lawsuit for nuisance. Then not only will you have the work to pay for, but also the legal fees and of course, a very upset neighbour.

It's advisable to tackle the bamboo before it gets that far.

Homeowners with bamboo could face a civil lawsuit for nuisance if they fail to take reasonable action to stop the problemafter being asked to take action by a neighbour, expert Emily Grant said

Homeowners with bamboo could face a civil lawsuit for nuisance if they fail to take reasonable action to stop the problemafter being asked to take action by a neighbour, expert Emily Grant said

Emily Grant, operations director at UK-based invasive plant specialist Environet

Emily Grant, operations director at UK-based invasive plant specialist Environet

If I am buying a house and I spot bamboo, can I negotiate a lower fee?

If there is any evidence that the bamboo has started to spread on a property you want to buy, such as shoots appearing in other locations, then I would certainly recommend commissioning a bamboo survey to discover the extent of the problem and how much it's going to cost to rectify.

If you still want to buy the property, that gives you a robust bargaining tool with which to go back and renegotiate.

If the bamboo seems to be behaving, then the seller will probably be less willing to reduce the price. It's up to you then whether you're willing to take on the risk, since most bamboo plants will eventually start to spread – even 10 or 15 years after they were planted.

It can take several years before bamboo plants begin to cause a problem, when their horizonal routes start sprouting up in unwanted places

It can take several years before bamboo plants begin to cause a problem, when their horizonal routes start sprouting up in unwanted places

Homeowners told MailOnline this week how they spent thousands of pounds on remedial work and to get rid of invasive bamboo

Homeowners told MailOnline this week how they spent thousands of pounds on remedial work and to get rid of invasive bamboo

Is there any legal form of redress if I buy a house and find there is an existing issue with invasive bamboo?

Generally speaking, no. Unfortunately, if you buy a property and then discover an invasive bamboo problem, that's your bad luck.

That's why we're trying to raise awareness of the problem, because at the moment lots of people just don't realise the issues it can cause – and to be fair, some sellers may not realise either. It's only when it begins spreading that people suddenly recognise there's a problem.

There is one way you could have some legal redress and that's if there was an existing dispute between the seller and an adjoining property over invasive bamboo encroachment, which they neglected to tell you about when you bought the property.

The Law Society's TA6 form, which is completed by all sellers, does ask a direct question about any past or existing neighbour disputes which the buyer should be made aware of. If they failed to disclose a row over bamboo, that could provide an opportunity for legal redress and legal advice should be sought.

Buyers are waking up to risks posed by invasive bamboo after examples across the country of plants causing problems - often with costly repair bills

Buyers are waking up to risks posed by invasive bamboo after examples across the country of plants causing problems - often with costly repair bills

My neighbours have an invasive bamboo plant and it is coming through to my garden – what should I do?

It's always best to resolve the issue amicably if possible, so your first port of call should be to alert your neighbour to the issue, preferably in writing, giving them the opportunity to act.

A professional survey commissioned by them will determine the appropriate course of action, but bamboo is usually best tackled by excavating the root ball and digging out every lateral runner.

This will involve excavating sections of both gardens to ensure all viable plant material is removed. It may have spread into other properties too, in which case, if possible, all affected properties should ideally be treated as one.

Whilst full excavation of the bamboo root and rhizome would be the most effective course of action, your neighbour is entitled to leave the bamboo growing in their own garden if they so wish.

In this case, you should insist that once it has been professionally excavated from your property, they install a strong root barrier along the boundary to protect against future encroachment.

Bamboo is often used to mark out boundaries between homes, or to offer privacy screening between one property and the next

Bamboo is often used to mark out boundaries between homes, or to offer privacy screening between one property and the next

Bamboo is not the only invasive plant found in British gardens - others include a ivy, giant hogweed and the Virginia creeper (above)

Bamboo is not the only invasive plant found in British gardens - others include a ivy, giant hogweed and the Virginia creeper (above)

Can I take legal action if they refuse to do anything about it?

Any owner of land who allows bamboo to spread into adjoining land has a potential legal liability in private nuisance for encroachment.

If you have alerted your neighbour and given them to the opportunity to act, but they have failed to tackle the problem satisfactorily, you can choose to seek legal redress and pursue a claim to recover professional removal costs, the cost of repairing any damage to your property and your legal expenses.

Bamboo can grow exponentially once it gets going, meaning it is important to keep an eye on it regularly

Bamboo can grow exponentially once it gets going, meaning it is important to keep an eye on it regularly

The roots can be quite substantial. Experts suggest regularly digging into the soil around the bamboo to see how long the roots are. Anything longer than 30cm and it might be time to take action

The roots can be quite substantial. Experts suggest regularly digging into the soil around the bamboo to see how long the roots are. Anything longer than 30cm and it might be time to take action

Can I chop bamboo down if it is encroaching / overhanging on my property?

The same rules apply to bamboo as overhanging tree branches or hedges. You are allowed to cut any overhanging leaves or branches back to the boundary line as long as you remain on your property (i.e. do not trespass) and do not do anything that might harm the health of the bamboo.

It's best to let your neighbour know in advance. Who knows, that might give you the opportunity to start a wider conversation about any concerns you may have about the roots spreading into your property too.

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