The spreading or invasion of neighborhood plants can cause severe damage to other people and their property. When neighborhood plants become invasive and damaging to others’ property, excavation may be considered the right measure. When someone plants invasive vegetation like bamboo or plants of a similar kind, it can spread to another neighbor’s yard, lawn, or under the home. If there is no excavation, such plants cause other problems and property damages. It is wise to take the necessary steps in order to build an invasive plants case.
When a homeowner suffers any damage due to such plants he or she can file a lawsuit against the owner of the plant in his or her home. Although the action through court may seem compelling, however, it is always important to talk to the neighbor first.
When you face such problems due to invasive plants, this is what you can do to carry out property excavation:
Talk to the Neighbor:
Communicating with the neighbor who planted the vegetation should be the first step of resolving this problem. When telling the person about the problem you are facing on your property because of their plants or trees, will make the grounds to resolve the matter. The person can make the arrangements to remove the plant or can pay for the removal and excavation.
If this attempt fails and the person does not agree to the solution, this may be the time to contact the personal injury attorney. The attorney will ensure that the plaintiff gets compensation for the resolution of the matter.
The Damages Occurred through Invasive Vegetation:
In many cases, the owner of the plant remains unaware of the damages caused by other people’s property due to his or her plants. Plants such as bamboos possibly show no obvious signs of burrowing. However, the affected person may feel the need to excavate the entire land to see the magnitude of the damage roots can cause. Excavation can possibly damage the piping, or cause leakage of sewing inside or outside the house. Apart from that roots can suck nutrients of the soil or can burrow into the foundation of walls.
The damages caused by the plants need to be cataloged and gauged in order to determine the right amount of money for compensation. If there is any injury occurred to the neighbor or their guests due to such invasive plants, the amount of recovery may be increased.
The damage can also include the cost of excavation and survey of the land, and digging out each location affected by the roots- the digging out continues till the last root is found. This is important as the plaintiff may need to decide whether he or she needs to go to court as well as will serve as evidence for the compensation.
Filing an Invasive Plants Case:
The need of filing a lawsuit arises when the damage is severe and the defendant does not agree to pay for the cost of excavation or resolve the matter. Once the initial communication with the neighbor is done, the plaintiff should limit the contact to avoid any problems in the future.
Legal Action:
When it is established that the roots of the neighbor’ invasive plants are causing the damage, the plaintiff should gather the evidence and give it to his or her lawyer to strengthen the claim.
Speak to an Attorney About Your Invasive Plants Case
The best advice is to talk to an attorney and discuss your legal options and how the attorney can help. In Jackson, contact the Diaz Law Firm for expert advice and representation. You can call the office to make an appointment at 601-607-3456.