We took our neighbors to court over their natural privacy fence – the ‘damage’ to our home was not even the worst thing | Englishheadline

A COUPLE has shared how they took their neighbors to court over a natural privacy fence that they claim damaged their home.

The couple, Paul and Patricia Bogan, claimed that their neighbor’s bamboo blocked sunlight and caused debris to fall onto their property.

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The Bogans have a verandah on the second level of their New South Wales, Australia, home with a line of sight into their neighbor’s yard.

Their neighbors, Jose and Melissa Serrao, planted bamboo along their side of the shared property line to maintain their privacy.

But after the bamboo was planted, the Bogans claimed that the plants caused damage to the metal fence, according to 7News.

The Bogans also said that leaves from the bamboo were falling onto their shed roof and gutters, causing more maintenance and even posing a fire risk.

They reportedly asked the Serraos to trim and maintain the bamboo and presented other options before taking the case to the Land and Environment Court of New South Wales.

But the Serraos refused, according to 7News.

The Bogans then applied with the court to remove the bamboo completely and asked to replace it with other plants.

In addition, the Bogans asked the court to have the Serraos replace the metal fence and pay the legal fees they incurred.

Acting Commissioner of the Court John Douglas dismissed the sunlight claims and investigated the metal fence.

While the Bogans claimed that the bamboo worsened the rust on the metal fence, Douglas said, as part of the court’s ruling, that the existing damage was likely not caused by the plant.

“I was satisfied that the rust was not impacted by the bamboo, but the rusting was hastened by constant exposure to abrasive salt-laden winds inherent in the coastal location,” Douglas said.

However, Douglas did say that the bamboo was likely to cause damage in the near future during strong winds.

Douglas ordered the bamboo closest to the metal fence to be removed.

He also instructed that a structure be put up behind the bamboo to prevent it from affecting the fence.

Douglas also ordered for the bamboo to be pruned annually but without compromising the privacy it affords the Serraos.

“The [Serraos] emphasized the bamboos’ contribution to their privacy, which in site context, is a reasonable concern,” he said.

On top of that, Douglas required the two couples to repair the damage to the fence at equal cost.