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

Our neighbor has bamboo growing along the border of our property and the roots spread under the fence and into our garden.

We have dug up as much as we can, but are afraid it could take thousands of dollars off the value of our home. Can we insist that they remove it?

Name hidden.

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 and thus has no restrictions

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

However, that doesn’t mean you can’t do anything. It is now common for properties with bamboo problems to become more difficult to sell and mortgage, reducing the value of the property.

In these circumstances you may have a claim against your neighbor and you can claim damages for the reduction in value of your property and/or damages to cover the costs of removing the bamboo and any repair costs.

Alternatively, you can ask your local council to treat the problem as a form of anti-social behaviour. If the municipality agrees, it will send your neighbor a formal notice to resolve the problem.

Before taking any of the above steps, you should gather evidence, including photographs, a diagram of the damage caused, and expert reports on that damage plus its effect on your property’s valuation.

Armed with this, you should first talk to your neighbor to see if an amicable solution can be reached.

Is the estranged sister entitled to a share of mother’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 have had contact since 1978. Is she entitled to anything from our mother’s estate?

S. M. Spalding, Lincs.

Dean Dunham replies: If your mother dies without a will, the rules of the will apply. These rules determine who is entitled to inherit her estate.

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

In this regard, the rules for a will do not distinguish between a child who had a close relationship with his parent and a child who is estranged, as in your case.

This means that your estranged sister is indeed 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 plus your mother’s personal assets.

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

If your mother does not have a surviving spouse or registered partner upon death, the estate will be divided equally between her children.

If your mother does not want your estranged sister to benefit from her estate after her death, she will have to draw up 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 foolproof solution as there are certain circumstances where a family member left out of a will can challenge it under a law called The Inheritance (Provision for Family and Dependants) Act 1975.

If your estranged sister were to make 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 that this arrangement would continue after her death.

The court does not give credence to dissatisfied beneficiaries who believe the will is unfair, or who hoped for a larger share of the estate.