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Japanese knotweed can grow at the rate of 10cm a day during the summer. They were able to claim for the costs of removing the knotweed and their neighbour had to commit to a 5-year treatment plan, to ensure that the infestation would not return. Paolo Martini is the lead solicitor for Knotweed Help and has over 30 years of experience in the field of Civil Litigation and is an expert on the legal issues faced by individuals dealing with Japanese knotweed on their land. The EPA 1990 sets out the appropriate methods of removing, transporting and disposing of ‘controlled waste’, defining this as any soil or plant materials contaminated with Japanese knotweed that you discard, or are planning on discarding. The Japanese knotweed and its rhizomes presence impose and immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land. It is not illegal to have Japanese knotweed on your property, but it is against the law to cause or allow the plant to spread in the wild. Although it’s possible to confuse Japanese knotweed with a number of other common plants found in England, there are a handful of tell-tale signs that should tell you if you’re dealing with an infestation or not. Similarly, if you have bought an infested property with the understanding that no Japanese knotweed should be present on the land, you may be able to seek legal recourse against a seller who has lied about Japanese knotweed. In these circumstances, you should ask your neighbour to effectively treat the knotweed not only on their land but also on your property in order to solve the problem and ideally the remedial action they choose should include a suitable guarantee. Free Practical Law trial. Evidence of a suitable Knotweed Management Plan is paramount. Company Registration Number – 03943212, England and Wales. The EPA 1990 is supported by the Wildlife and Countryside Act 1981 which states that ‘if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence’. There is a reported lack of awareness of the legal responsibility of homeowners to prevent knotweed from spreading, with only 36% knowing they could be sued and just 18% aware they could face prosecution. The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. You can report those not abiding by these practices to your local authority. If your infestation happens to be close to a water source you’ll need to apply for approval from the Environment Agency. Whether you have recently bought a house and discovered Japanese knotweed or are worried about Japanese knotweed on adjoining land our Japanese knotweed solicitors will be able to advise you. Whilst it might be a shock to find out that the property you are trying to sell has knotweed, or indeed, the property you intend to buy is affected, there are treatments available to manage the infestation and the Knotweed Management Plan is the key. It is therefore important that you put your neighbour(s) on notice in writing as soon as you become aware of encroachment and that you state what action you require the landowner to take and by when. In the event that you discover an infestation on your land, you are not legally required to declare Japanese knotweed to the authorities. You could be fined up to £5,000 or be sent to prison for up to 2 years if you allow contaminated soil or plant material from any waste you transfer to spread into the wild.". 269 Field End Road, Related: How To Identify Japanese Knotweed. Room 5, Television House, Problems Created By Knotweed . Related: Has your surveyor missed Japanese knotweed? If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. knotweed spreading onto your land from adjoining land, neighbour has allowed Japanese knotweed knotweed to spread into your garden, appeal for a Community Protection Notice from your local authority, In early 2018 Adam and Eleanor Smith successfully sued their neighbour, Invasive Non-Native Specialists Association. The EA is a division of the UK government concerned with the environment. Japanese Knotweed (or Fallopia japonica) has been described by the Environmental Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”. Romsey, If you have discovered knotweed next door but the plant is yet to spread to your property, then your options for legal action against your neighbour are limited. The letter should also explain the likely consequences if they choose to ignore the notice. Japanese knotweed UK law. Property owners who find Japanese knotweed growing nearby or on their land should be aware of the very serious problems it can cause. If you’re planning on moving knotweed, or knotweed contaminated soil, off-site then you must use a registered waste carrier and ensure that the waste is taken to a licensed landfill site. Japanese knotweed stifles native species and reduces house prices. Failure to do so could lead to unwanted disputes, substantial fines, or even imprisonment. At Japanese Knotweed Ltd, we are fully equipped and highly trained to deal with Japanese knotweed infestations. There is, however, an incredible amount of legislation regarding the spread of Japanese knotweed and perceived responsibility for allowing it to spread. To access this resource, sign up for a free trial of Practical Law. Sign in to your account. Japanese Knotweed and ASBOs The government has reformed the Anti-social Behaviour, Crime and Policing Act 2014 so that community protection notices can be used against individuals who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. Although it is illegal to allow the plant to spread outside of your land, you are not required to declare the presence of Japanese knotweed to your neighbours or the local authorities. Japanese Knotweed is innocuously ? According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. When buying a house, the person you are buying from is required to disclose if the property is affected by Japanese knotweed. The following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). In early 2018 Adam and Eleanor Smith successfully sued their neighbour after they discovered a serious knotweed infestation on their land which had entered from an adjacent property. Japanese Knotweed to encroach onto the claimants’ properties from its land adjoining a railway line. Paperwork in conveyancing, when selling a house, includes a form called the Law Society Property Information Form, or a "TA6". Whether you are considering making a claim, or having to defend a claim, here is an overview of what you need to know – Whether you are a homeowner or neighbour to a Japanese knotwood problem. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. In some cases, it may be that the neighbour is renting and the landlord is simply unaware that they have an infestation on their hands. The presence of Japanese knotweed can lead to a home being devalued by up to 5% which can be a difference of thousands of pounds for homeowners. This form will be included in the pack that your solicitor will pass over to the purchaser. Japanese knotweed is an invasive plant which can encroach on property from neighbouring land. In spring new shoots of the bamboo-like plant emerge and quickly reach a height of two metres. In the eventuality where an informal conversation has not yielded any results, you can start to take the necessary steps to report Japanese knotweed infestations to your local authority. It’s often the case that Japanese knotweed is spread by gardeners, or construction workers who do not dispose of contaminated soil in the proper fashion. Property surveyors are not infallible, their mistakes can lead to buyers purchasing properties under the impression that their home is free of faults, when in fact the opposite is true. Knotweed And The Law. As a result, the Court of Appeal upheld the Recorder’s decision at trial to award the claimants damages, including damages for the diminution in value of their homes. E   manchester@knotweed.co.uk, Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild. What if Japanese Knotweed intrudes onto your land? Belbins Business Park, Middlesex, — THE LAW IN ENGLAND AND WALES SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT OF 1981 It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment Talking to the person responsible for the land should be your first port of call before taking any further action. The Law surrounding Japanese Knotweed In the UK there are two main pieces of legislation that cover Japanese Knotweed. This Act governs the disposal of controlled waste, such as Japanese knotweed. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. This inevitably leads to disputes with neighbours who are uncomfortable with having Japanese knotweed at such a close distance from their house. Japanese knotweed is NOT to be ignored. How and who do I report Japanese knotweed to? Think You’ve Found Knotweed On Your Property? Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. KNOTWEED LAW. You are legally required to prevent Japanese knotweed on your land spreading into the wild, or onto neighbouring land. This means if an individual, or organisation is not controlling Japanese knotweed or other invasive plant and could be reasonably expected to do so, the CPN could be used after a mandatory written warning has been served beforehand to get them to stop the anti-social behaviour. Cupernham Lane, This is not due to any changes in the law, but due to a small number of cases where surveyors have been found negligent for failing to spot knotweed. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. How to legally prevent the spread of Japanese knotweed. Under the Act a Community Protection Notice (CPN) can be used to require someone to control or prevent the growth of Japanese knotweed or other plants that are capable of causing serious problems to communities. Japanese knotweed is a problem for most people for two simple reasons. If it is clear that the knotweed in your garden is encroachment from an adjoining property we will confirm the encroachment and you will be able to provide this as evidence to the neighbouring landowner. This may reflect the fact that knotweed can be hard to spot in its early stages and most property owners are not horticultural experts. What are the rights and remedies for a claimant who is affected by Japanese Knotweed emanating from neighbouring land? Understanding your legal responsibilities in regards to the knotweed growing on your land is crucial should you wish to avoid an unexpected date in court, or a run in with your local council. The claimants can claim, however, in respect of the encroachment of Japanese knotweed rhizomes because they have diminished the claimants' ability to enjoy the amenity and utility of their respective properties. Follow this link for instructions on how to manage your cookies through your current browser and for more information on cookies. Has Your Surveyor Missed Japanese Knotweed? Related: How to get rid of Japanese knotweed. You could be due significant compensation. Using herbicide sprays to remove Japanese knotweed is not an instant fix, depending on the size of the infestation it may take up to 3 years for the treatment to soak down into the rhizomes underground. What’s more, the World Conservation Union goes one further describing it as ” one of the world’s worst invasive species”. Japanese Knotweed and the Law. You do not need to report the presence of Japanese knotweed on your land, however, should you wish to voluntarily declare your Japanese knotweed or report an infestation on public land, then you can do so by visiting the Non-native Species Secretariat website. You should thoroughly inspect your vehicle after moving Japanese knotweed waste with it, this includes brushing down the body, jet-washing tyres and ensuring that there are no remains of the plant trapped within the vehicle. So you can check and update your cookies settings, you need to know what browser you are using and which version. The best way of doing this is by getting a professional evaluation of the Japanese knotweed. How to get rid of Japanese knotweed legally, How to use a waste carrier to take Japanese knotweed off-site, After you transfer Japanese knotweed waste. We are one of the largest specialist litigation practices that specialise in Japanese Knotweed law cases and work on a No-Win-No-Fee agreement. This notice could require the recipient to make reasonable efforts to remove the knotweed from their property or prevent the knotweed from returning. A Japanese knotweed specific question is included on most pre-contract enquiry questionnaires, which are based on the Law Society’s TA6 Form. It is not illegal to allow Japanese knotweed to grow on your land, so you are not required by law to notify anyone about an infestation. Removing Japanese Knotweed. Bought a House With Japanese Knotweed? You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. Because of Japanese Knotweed’s aggressive and damaging nature, the UK introduced legislation over 30 years ago to prevent its spread: Under the Wildlife and Countryside Act 1981 Section 14(2), it is an offence to plant or otherwise cause the species to grow in the wild. His in-depth legal experience and connections to the Japanese knotweed removal industry make him uniquely suited for handling your case. In the case where you have spotted Japanese knotweed encroaching on your land, but are yet to find the plant on your property, then your first action should be to inform the owner of the land about the infestation. Find out more. It’s not, however, an offence to let it grow in your garden or on any land that you own. To bring a successful claim, the claimant needs to demonstrate that the knotweed originated from the adjoining land, and that the knotweed is causing the claimant owner “nuisance”. INNS are also referred to as alien species. In the event where you are granted permission to bury your Japanese knotweed waste on your own land then you must adhere to a handful of guidelines to ensure that the plant does not make a resurgence once more. The presence of knotweed does not automatically prevent a mortgage from being obtained, with a case by case basis approach often adopted. In the UK there are two main pieces of legislation that cover Japanese Knotweed. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. Any remains should still be treated as controlled waste and be disposed of accordingly. As an extremely invasive species, Knotweed can take over gardens, as well as potentially damage buildings, if not eradicated properly. The strong roots can rampage under fences, damage paths and patios and work their way inside the cavity walls of houses, even emerging two storeys up out of the chimney stack. There are Japanese knotweed laws in place to make sure that people treating knotweed commercially have the necessary Japanese knotweed eradication certificate. Because of Japanese Knotweed’s aggressive and damaging nature, the UK introduced legislation over 30 years ago to prevent its spread: Under the Wildlife and Countryside Act 1981 Section 14(2), it is an offence to plant or otherwise cause the species to grow in the wild. The law states that we can store cookies on your machine if they are essential to the operation of this site but that for all others we need your permission to do so. The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. We hope this has clarified things for you, but if you are still looking for more information, you can contact us using the following details. Do you need legal advice for Japanese Knotweed in Scotland? This note summarises the law relating to, and practical implications of, Japanese knotweed and other invasive non-native species (INNS) of plants. Japanese, Giant and Hybrid Knotweed all appear in that Schedule. If you have bought a house that's affected by Japanese knotweed, and you are able to show the seller knew about Japanese knotweed on the property, you can sue the seller. Much of the case is concerned with the trial judge’s decision, but it is more fruitful to go straight to the court’s answers. Ideally, we would need access to all of the affected garden(s). Managing these settings is highly recommended if you share access on your computer. Should the neighbour not comply with the notice, a claim for "nuisance for encroachment" can be pursued through legal channels. Under the act, it is an offence to intentionally plant Japanese knotweed, or any invasive species, in the wild that is outwith its native range. Not Known What should I do if I find Japanese knotweed? What are the rights and remedies for a claimant who is affected by Japanese Knotweed emanating from neighbouring land? With that commonality there often arises truths, mistruths and half-truths. Prosecutions have been made in Northern Ireland so government bodies do take it very seriously. a landfill site that has the right environmental permit. You must not allow it to escape and spread into a neighbour’s garden. If a property is found to have an infestation of Japanese knotweed on their land or Japanese knotweed within 7 metres, it is extremely difficult to secure a mortgage against the property. If you own or manage a property or land which is affected by Japanese knotweed, you are responsible for the control of the invasive weed. If a property is found to have an infestation of Japanese knotweed on their land or Japanese knotweed within 7 meters, it is extremely difficult to secure a mortgage against the property. The Environment Agency is responsible for regulating waste. Damage Caused by Japanese Knotweed; Japanese Knotweed and the Law; History of knotweed. Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981). Do you need legal advice for Japanese Knotweed in Scotland? Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. Schedule 9 to the Wildlife and Countryside Act 1981 [WCA 1981] lists certain plants that have become established in the wild in Great Britain but which the law seeks to prevent spreading further. What liability does an owner have? Japanese knotweed has long been feared by property owners, and London is a hotspot. A Guide To Getting Rid Of Japanese Knotweed, Japanese Knotweed Growing In Neighbour’s Garden: Legal Implications, Has Your Property Seller Lied About Japanese Knotweed? Japanese knotweed spreads via the transferral of contaminated soil, or the unlawful tipping of cuttings. If you’ve more questions about Japanese knotweed legislation or are seeking further legal advice in regards to a Knotweed infestation then please don’t hesitate in calling us on 07595 653 226 or sending us a message using the contact form. The laws and legislation regarding Japanese Knotweed differ depending on which part of the UK you are in. Private gardens are generally thought not to come within the definition of “the wild” and for what it may be worth, the Environment Agency Knotweed Code of Practice (published on 12 August 2013 but withdrawn on 11 July 2016) had stated that “ It is not an offence to have Knotweed on your land and it is not a notifiable weed Reporting Japanese knotweed to a local council. Japanese Knotweed was brought to the United Kingdom in the 19th century after the plant was discovered in Japan growing on the side of volcanoes. This is why we recommend hiring a PCA accredited specialist to get your knotweed treated and your legal matters, if you have any, resolved quickly. Because it's encrypted, your information is kept safe and secure. If a landowner has knotweed growing in the garden of his property he should make every effort to control the knotweed and prevent this invasive weed from spreading onto a neighbouring property and if he fails to do this he could be held responsible for the damage caused by the encroachment. What is Japanese Knotweed? Unfortunately, it’s unlikely that your home insurance will cover Japanese knotweed, so you will not be able to rely on it to financially support the removal of the Japanese knotweed or any damage caused to your home. Japanese knotweed is the cause of approximately £170 million worth of home repairs in the United Kingdom every year and is causing problems for developers and private homeowners. Find Japanese knotweed arrived in the UK there are a few proven of... 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