A B.C. couple whose bamboo plants spread into a neighbour's yard, potentially threatening his greenhouse and drainage system, has been ordered to help pay for a barrier between their properties.
The case of the intruding bamboo, which was heard in the province's small claims tribunal, hinged on whether the sprouting stalks constituted a nuisance under the law – meaning that they caused an "unreasonable interference" with the neighbour's enjoyment of his property.
While the Hsiehs acknowledged to the Civil Resolution Tribunal that their bamboo subsequently spilled into Parker's property, they denied it was a major problem. "I accept the amount of bamboo growing inside his laurel hedge increased over the years, and it was increasingly difficult for him to remove," Lopez wrote. "Based on the photos I also accept the bamboo had reached the perimeter, if not under, Mr. Parker’s greenhouse."
Lopez noted bamboo is not included in a list of "priority invasive plants" for the Greater Victoria region, where the neighbours live, and found no evidence the Hsieh's should have known the bamboo would encroach on other properties before they planted it – but the circumstances changed when Parker finally complained to them three years ago.
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