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

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

We’ve dug up everything we can, but we’re worried it could take thousands of dollars off the value of our home. Can we insist that it be removed?

Name withheld.

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

But unlike its invasive companion, bamboo is not currently considered an invasive species, so it carries no restrictions.

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

However, that does not mean that nothing can be done, as it is now common for properties with bamboo problems to be more difficult to sell and mortgage, resulting in a reduction in property value.

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

Alternatively, you could ask your local authority to treat the problem as a form of antisocial behaviour. If the council agrees, it will send your neighbor a formal notice to solve the problem.

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

Once this is done, you should first talk to your neighbor to see if an amicable solution can be reached.

Does the separated sister have the right to any of her mother’s assets?

My mother is 88 years old and does not 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. Does she have a right to any of our mother’s assets?

SM Spalding, Lincs.

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

These rules put the spouse or common-law partner at the top of the priority list, followed by children.

In this regard, the intestacy rules do not differentiate between a child who had a close relationship with his or her parent and a child who is estranged, as in your case.

This means that your estranged sister will be entitled to a portion of your mother’s estate.

If your mother has a surviving spouse or common-law partner at the time of her death, they would be entitled to inherit the first £250,000 of the estate plus your mother’s personal belongings.

Any funds remaining after the initial £250,000 would be split in half: the spouse/partner would receive an additional 50 per cent of this and the other 50 per cent would be divided equally between the children.

If your mother has no surviving spouse or common-law partner when she dies, the estate will be divided equally among her children.

If your mother does not want her estranged sister to benefit from her estate after her death, she will need to make a will. But you will have to prove that you are of sound mind and therefore fully understand the will.

However, this is not an airtight solution as there are certain circumstances where a family member who is not included in a will can challenge it under a law called the Inheritance (Provision for Relatives and Dependants) Act 1975. .

If your estranged sister were to file a claim under this law, it would be that she was financially dependent on her mother during her life and it is reasonable to expect this arrangement to continue after her death.

The court does not give credence to disgruntled beneficiaries who feel the will is unfair or who were expecting a larger share of the estate.