Legal dispute over nuisance bamboo hedge costs B.C. couple $2,000
A neighbourly dispute over a bamboo hedge has cost a B.C. couple $2,000 after the small claims court ruled its roots were causing their neighbour a nuisance.
According to a July 11 Civil Resolution Tribunal decision, Paul and Cindy Hsieh planted the 60-foot long bamboo hedge along the property line of their Vancouver Island home more than a decade ago.
While the bamboo grew peacefully for years, in 2019 their neighbour, Charles Parker, became concerned about the bamboo encroaching into his yard.
Parker had over the years cut back the bamboo in his yard but feared its roots would ultimately damage his greenhouse and other structures on his property.
In 2019, Parker had a conversation with Hsieh's about the bamboo and they said he was welcome to cut it back on his side of the hedge.
While the fast-growing roots had caused no actual physical damage, in 2021 Parker installed a bamboo barrier, buried underground to block the plant's roots.
Parker then filed the small claims court suit asking the Hsieh's to pay for it, at a cost of $5,000.
READ MORE: B.C. company fined $5K for chopping down neighbour's trees
The decision said the bamboo was "popping up" from the ground in Parker's "well-manicured yard" and invading his laurel hedge.
The case focuses on the "law of nuisance" and whether the bamboo roots can be classified as such.
The Hsieh's argued that was no actual physical damage and the roots were no different than any other encroaching root that all neighbours deal with in their yards.
The couple also said they were willing to assist with future bamboo encroachment in the "spirit of good neighbour relations."
The Hsiehs argued that Parker having to remove their bamboo did not amount to a nuisance.
However, the Tribunal disagreed and ruled that the bamboo was a nuisance.
Parker argued the Hsiehs should have installed a bamboo barrier when they planted the hedge a decade earlier, which is a common practice when planting bamboo.
However, the Tribunal ruled that there was no evidence to suggest the Hsiehs ought to have known to do this.
READ MORE: Does 'lawn' have to be real? Shuswap couple find out the hard way
The Tribunal ruled that while Parker was owed compensation it was only owed after 2019 when he first mentioned the issues with the roots.
"Hsieh's undisputedly knew about their bamboo’s encroachment onto Mr. Parker’s property after Mr. Parker told them in 2019... (and) they did nothing about it," the decision read.
The Tribunal ruled that for Parker to routinely remove the bamboo on an ongoing basis wasn't reasonable, however, the Tribunal didn't agree with the barrier cost of $5,000 either.
The decision said while Paker submitted photos of the construction of the new barrier he failed to submit recipes of any of the costs, including $3,173 in materials.
The Tribunal dismissed his bill for 100 hours of labour at $1,680 finding it "likely excessive."
"I accept Mr. Parker’s work involved to remove the bamboo was significant... given the presence of the laurel hedge, the fence’s location adjacent to that hedge, and the presence of boulders on Mr. Parker’s side of the fence that he had to break up and remove in order to install the barrier. I also accept Mr. Parker likely had to buy some tools for the project," the Tribunal said.
Ultimately, the Tribunal ruled that $2,000 is a fair price for the work, and ordered the Hsieh's to pay up.
To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.
We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above.
