Good fences may make good neighbors,1 but the growing use of bamboo by more and more suburban homeowners as a border on their property is causing some other property owners a great deal of concern. On the one hand, bambooreputed to be the fastest-growing plant on earth2very quickly can create a wonderful and attractive privacy screen. On the other hand, its rapid growth can rather easily get out of control,3 and the invasive nature4 of the roots of certain varieties of bamboo plants can damage neighboring property.5
Recently, a number of local Long Island governments have considered whether to enact legislation regulating or even banning the use of bamboo by property owners. Indeed, in New York State, the interest to date generally seems to be limited exclusively to Long Island municipalities. One can expect, however, that villages, towns, and counties throughout the state will soon have to consider taking action, as property owners recognize that neighboring bamboo is growing out of control and seek legislative relief.6
The Smithtown Rules
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