What can we do about neighbour’s bamboo rising below our fence?DEAN DUNHAM replies

Our neighbour has bamboo growing along the boundary with our property and the roots are spreading under the fence and into our garden. 

We’ve dug up as much as we can but are concerned it could take thousands off the value of our house. Can we insist they remove it?

Name withheld.

Damaging: A reader is concerned that a neighbour’s bamboo will knock thousands of pounds of the value of their property

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

But unlike its fellow invader, bamboo is not currently considered an invasive species, so carries no restrictions

on planting. And as there are currently no regulations in place in the UK for bamboo, you do not have the right to insist that your neighbour removes the plant.

However, that does not mean there is nothing you can do owing to the fact it is now common for properties with bamboo problems to be more difficult to sell and to mortgage, causing reduced property values.

In these circumstances, you will potentially have a claim against your neighbour and could demand compensation for the diminution in the value of your property and/or compensation to cover the cost of removal of 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 issue your neighbour with a formal notice to deal with the problem.

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

Armed with this, you should first speak to your neighbour to see if an amicable resolution can be reached.

Is estranged sister entitled to any of mum’s estate?

My mother is 88 and does not have long to live after a stroke. She has no will. 

My brother and I have one sister with whom none of us has had contact since 1978. Is she entitled to any of our mother’s estate?

S. M. Spalding, Lincs.

Dean Dunham replies: If your mother dies without a will the rules of intestacy will kick in and these will determine who is entitled to inherit from her estate.

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

In this respect, the rules of intestacy do not differentiate between a child who had a close relationship with their parent and a child who is estranged, as in your case.

This means your estranged sister will indeed 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 would be entitled to inherit the first £250,000 of the estate plus your mother’s personal belongings.

Any funds left after the initial £250,000 would be split down the middle, with the spouse/partner receiving a further 50 pc of this and the other 50 pc being divided equally between the children.

If your mother has no surviving spouse or civil partner when she dies, the estate will be divided equally between her children.

If your mother does not want your estranged sister to benefit from any of her estate after her death, she will need to put a will in place. But she will need to prove that she is of sound mind and, therefore, fully understands the will.

However, this is not a watertight solution, as there are certain circumstances where a family member left out of a will can challenge this under a law called The Inheritance (Provision for Family and Dependants) Act 1975.

If your estranged sister made a claim under this law, it would be that she was financially dependent on your mother during her lifetime 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 hoping for a greater share of the estate.