Boundary dispute and responsibility

Keep_pedalling

If it is your ‘responsability” then you have just gained an extra piece of garden. 

ButterCheese

Keep_pedalling said:

If it is your ‘responsability” then you have just gained an extra piece of garden. 

we might have gained it yes, but it's 3 ft or whatever of dirt slope behind a brick wall so is useless to us

WIAWSNB

Where is this 'brick wall' in relation to everything else? 
Which way does the land slope?
Anyhoo, it seemingly isn't critical for anyone to know where the exact boundary is, but if you are confident the retaining wall is yours (on what basis?), then I'd have a working assumption that it sits fully on your land, with the rear face 'touching' the boundary.
Not at all to be relied on, of course, but it would be most typical setup.
The neighbour who's selling up may well have a more interested replacement - see if they clear their area!
Let us know how you get on with the 'boo, please - I'm sure your not the only one with this issue.

sheramber

if the boundary is part way down the slope that may be why the wall was built  at the top of it.

Section62

ButterCheese said:

WIAWSNB said:

It is good that you currently have good relations - do your best to keep it that way.
As said above, do not accept ownership of the wall, boundary, or bamboo, as least until you all know better, but it sounds as though no-one is particularly bothered.
Instead, have a friendly chat, explain you are happy to do your bit, but it's no admission of liability. When you all nod in agreement, tell them you'll write down the key points, and get their agreement - signature alongside yours - on this too.
No-one should have an issue with this.
These 'key points' will presumably explain that the exact boundary position has not been clarified yet, but both parties are happy to proceed with clearing the bamboo on a shared-responsibility basis.
There will be lots of advice on how to handle that plant, but I'd image a strimmer with a brush cutter blade would cut through at ground level quite easily? A shredder should then chop the result up easily, too, as they are long and thin and easy to feed!
That will leave the 'roots'. No idea, but provided there's no risk of its effect spreading (is the retaining wall a suitable barrier?), then something like sodium chlorate is pretty deadly and takes no prisoners, but no idea.
I bought a second hand Ryobi strimmer with brush cutter blade last year for just £35, and it's rare in that it starts and runs beautifully. I also picked up a ditto MacAllister 2kW shredder for just £25, and it munches everything - even branches up to 35mm. Both very satisfying to use
Of course, once this strip is cleared, you'll both be fighting over the land...

Good advice re: writing it down.  From past experience, I've know people to be agreeable until asked to put pen to paper; then they can backtrack. 

...

Personally, if we had a friendly chat and you then told me you were going to write a summary and wanted me to sign it... that would be the start of our neighbour dispute.

Your neighbour might be more compliant though.

gwynlas

Given that there have been no problems previously and they say that they hav been cutting it back for 40 years it could indicate a change in mental state of elderly nighbours.

The Victor Meldrews of this world might have been pleasant and sociable in their prime  but things change and take on a differnt significance as they age.

Continue as suggested to work with them in clearing the bamboo, if it was an invasive species it would have run everywhere by now so just root balls to remove which will be hard enough.

Try to agree substantial boundary once completed as if they are elderly house might need to be sold sooner rather than later.

ButterCheese

gwynlas said:

Given that there have been no problems previously and they say that they hav been cutting it back for 40 years it could indicate a change in mental state of elderly nighbours.

The Victor Meldrews of this world might have been pleasant and sociable in their prime  but things change and take on a differnt significance as they age.

Continue as suggested to work with them in clearing the bamboo, if it was an invasive species it would have run everywhere by now so just root balls to remove which will be hard enough.

Try to agree substantial boundary once completed as if they are elderly house might need to be sold sooner rather than later.

I'm not sure of the species but it has already spread to our side neighbour and one of their side neighbours, but I'm prepared to help get it all out anyway which will include the neighbours.  They are not really elderly, probably 50s.  But they have had enough.  Unfortunately for them and us, they did not make an official complaint in the last 40 years during which they claim it has been a problem.  So we now have a sudden and massive problem, whereas they have been dealing with it for 40 years so in their eyes they want it gone now.  

ButterCheese

WIAWSNB said:

Where is this 'brick wall' in relation to everything else? 
Which way does the land slope?
Anyhoo, it seemingly isn't critical for anyone to know where the exact boundary is, but if you are confident the retaining wall is yours (on what basis?), then I'd have a working assumption that it sits fully on your land, with the rear face 'touching' the boundary.
Not at all to be relied on, of course, but it would be most typical setup.
The neighbour who's selling up may well have a more interested replacement - see if they clear their area!
Let us know how you get on with the 'boo, please - I'm sure your not the only one with this issue.

It's simple to look at but complicated to explain:

A garden room was built 15 years ago, near to the boundary, and about 1 foot behind that a small retaining wall that was built at the same time.  We assumed this wall was on the boundary, and all the bamboo is their side of that wall, so assumed (and were told by previous owners) that the bamboo was their responsibility.  

What the neighbours are claiming now is - the wall is not the boundary, they have just found a little wire fence in amongst the bamboo which is the boundary line, and given that the bamboo is between the (our) wall and the boundary, it was obviously planted by owners of my property and has spread downhill to their garden.

Whatever the case, I'm willing to help get it cleared.  I will just ask of them that they help as much as they can, and go halves on weedkiller, and allow me to take the felled bamboo and the roots out through their property.  I am also prepared to take it to the recycling centre.  But I'm not paying for anything more unless and until they can prove a) where the boundary is and b) that it was planted on our property.  They have stories that they remember it being planted when they were kids but that is not proof

Section62

ButterCheese said:

gwynlas said:

Given that there have been no problems previously and they say that they hav been cutting it back for 40 years it could indicate a change in mental state of elderly nighbours.

The Victor Meldrews of this world might have been pleasant and sociable in their prime  but things change and take on a differnt significance as they age.

Continue as suggested to work with them in clearing the bamboo, if it was an invasive species it would have run everywhere by now so just root balls to remove which will be hard enough.

Try to agree substantial boundary once completed as if they are elderly house might need to be sold sooner rather than later.

I'm not sure of the species but it has already spread to our side neighbour and one of their side neighbours, but I'm prepared to help get it all out anyway which will include the neighbours.  They are not really elderly, probably 50s.  But they have had enough.  Unfortunately for them and us, they did not make an official complaint in the last 40 years during which they claim it has been a problem.  So we now have a sudden and massive problem, whereas they have been dealing with it for 40 years so in their eyes they want it gone now.  

That they haven't made an 'official' complaint before probably doesn't really make a great deal of difference to the eventual outcome if they went down a legal route now.  It would probably only make a difference if they made a claim for damage to a structure where the damage could have been mitigated if they had raised the issue at an earlier date.

Section62

ButterCheese said:

WIAWSNB said:

Where is this 'brick wall' in relation to everything else? 
Which way does the land slope?
Anyhoo, it seemingly isn't critical for anyone to know where the exact boundary is, but if you are confident the retaining wall is yours (on what basis?), then I'd have a working assumption that it sits fully on your land, with the rear face 'touching' the boundary.
Not at all to be relied on, of course, but it would be most typical setup.
The neighbour who's selling up may well have a more interested replacement - see if they clear their area!
Let us know how you get on with the 'boo, please - I'm sure your not the only one with this issue.

It's simple to look at but complicated to explain:

A garden room was built 15 years ago, near to the boundary, and about 1 foot behind that a small retaining wall that was built at the same time.  We assumed this wall was on the boundary, and all the bamboo is their side of that wall, so assumed (and were told by previous owners) that the bamboo was their responsibility.  

What the neighbours are claiming now is - the wall is not the boundary, they have just found a little wire fence in amongst the bamboo which is the boundary line, and given that the bamboo is between the (our) wall and the boundary, it was obviously planted by owners of my property and has spread downhill to their garden.

Whatever the case, I'm willing to help get it cleared.  I will just ask of them that they help as much as they can, and go halves on weedkiller, and allow me to take the felled bamboo and the roots out through their property.  I am also prepared to take it to the recycling centre.  But I'm not paying for anything more unless and until they can prove a) where the boundary is and b) that it was planted on our property.  They have stories that they remember it being planted when they were kids but that is not proof

People often take pictures in their back gardens.  Photos taken when the bamboo was smaller and the fence line was clearer would probably be accepted by a court as evidence.

Fundamentally the issue is where the legal boundary is.  If both sides would disclaim the land because of the burden of the plant, it beomes a risk that once the plant has gone both sides then decide to claim the land is theirs.  Ultimately this might be a situation in which you need a determined boundary... I'm not sure I'd spend money on removing the bamboo without the position of the boundary being legally agreed.