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. While it’s not illegal just to have it on your property it is a criminal offence to ‘plant or cause to grow’ Japanese Knotweed. Despite the dangers of Japanese knotweed being well publicised, it’s still the case that landowners turn a blind eye when they have an infestation on their property. Middlesex, To which there are three possible answers: Yes I’ve bought a house with Japanese knotweed. 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. If Japanese knotweed has encroached from a neighbouring property, we can help you claim for the resulting diminution of value as well as making your property mortgageable. Room 5, Television House, Do have the Knotweed knowledge. This notice could require the recipient to make reasonable efforts to remove the knotweed from their property or prevent the knotweed from returning. 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. M35 9BG, T 0161 393 6029 The individual or organisation that has collected the knotweed is responsible for identifying a licensed landfill and transporting the knotweed to the licensed handler. Japanese knotweed is a tall plant, up to 2 or 3 m, that grows vigorously, and forms dense thickets. 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. Here’s What to Do. There have been cases where the environment agency have prosecuted people who failed to dispose of the plant correctly. Full list of resources related to Japanese knotweed legal advice: Anti-social Behaviour Crime and Policing Act 2014, Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981), selling a property with Japanese knotweed, seller who has lied about Japanese knotweed, What to do if you’ve found Japanese knotweed on your property, home insurance will cover Japanese knotweed, What to do if you’ve bought a property with Japanese knotweed. Unfortunately, there’s endless swathes of misinformation relating to Japanese knotweed law. For the vast majority of sellers, the selected response will be ‘no’. This response can serve to trigger alarm bells when reviewed by the purchaser’s solicitors. You can report those not abiding by these practices to your local authority. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Japanese knotweed arrived in the UK in 1850, Japanese knotweed anti-social behaviour law, Environmental Protection Act 1990 (EPA 1990), How to tell if you have Japanese knotweed. 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. Williams. RICS surveyors should keep up to date with the current guidelines in relation to invasive plants if they miss Japanese knotweed on a survey then they may be sued for professional negligence. Email: email@example.com 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. If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication. First, it lowers the value of your property, which if you intend to sell or re-mortgage it, has obvious repercussions. Generally having any invasive species listed under annex 2 of the S.I. 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. Breach of any requirement of a community protection notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice. a landfill site that has the right environmental permit. Ideally, we would need access to all of the affected garden(s). As well as the various offences a landowner could face under criminal law, detailed above, a landowner could also be subject to a common law claim by a third party if japanese knotweed on the land concerned has caused damage to, or loss of enjoyment of, the third party's property. You will be liable for the spread of the plant even if you have attempted to stop its spread by composting or burying it. At Japanese Knotweed Ltd, we are fully equipped and highly trained to deal with Japanese knotweed infestations. Learn more. Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild.So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. Romsey, According to the Wildlife and Countryside Act 1981, it is the responsibility of the landowner to prevent the spread of Japanese knotweed into the wild, or neighbouring properties. So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. In both cases, you should not bury any other types of waste with it. Failsworth, Manchester, Japanese Knotweed is innocuously ? 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. Because of the fast-growing nature of the plant, it can cause great damage to … Japanese Knotweed is classed as “controlled waste” and the law requires it must be disposed of at a registered landfill site. VAT Number 477 2974 93. Its roots and rhizomes can grow to a depth of 2m. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. These may sound like heavy penalties, but it serves to demonstrate how seriously the law treats the spread of Japanese knotweed and is intended to deter citizens from giving this plant free reign to grow on their land. 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. Find out more about our Japanese Knotweed Expert Witness services. Any remains should still be treated as controlled waste and be disposed of accordingly. Under the Wildlife and Countryside Act 1981, all property owners are required by law to control and prevent invasive non-native plants on their land from spreading into the wild, or spreading on to a neighbour’s property and causing a nuisance. Whilst removing Japanese knotweed yourself is legal, it is incredibly difficult to do so thoroughly. 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. Eastcote, 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. In this case, the defendant (Miss Line) was found to be preventing the claimants’ enjoyment of their land by not treating her knotweed infestation, she was ordered to treat the infestation on her own land and pay the claimants’ legal fees. You will not be seen to be breaking the law until Japanese knotweed from your land spreads into another’s property or onto public land. Hampshire, Japanese Knotweed Claims. will apply equally where the defendant is a public body, a company or a private individual. During the winter, these stems appear to die off, becoming brown and brittle. In order for a landowner to be considered to be persistently acting in a way that is detrimental to the quality of life to those in the locality (as it’s laid out in the Anti-social Behaviour Crime and Policing Act 2014) it must be proved that the individual has not taken reasonable steps to remove the infestation. If you’ve discovered Japanese knotweed on your own property then you’ll have a few options open to you regarding remunerations, depending on the context of your discovery of the infestation. The logic of the decision in . 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 Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants, and certain habitats in the UK. Before you begin treatment you should ensure that the person spraying holds a certificate of competence for herbicide use, or works under the supervision of someone who has one. Japanese knotweed is a problem for most people for two simple reasons. If you’re a private landowner then you do not need to ask permission from the Environment Agency, but you might want to check with your local council that you’re allowed to go ahead with burning your knotweed. 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. Japanese knotweed sketchbook study. The law and Japanese Knotweed . The Law on Japanese Knotweed is shaped by. It can take several years to eradicate.” It then asks sellers: “Is the property affected by Japanese knotweed?”. Choosing to ignore its presence on your land can often prove to be a costly mistake. 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 plant produces small white flowers in late summer, and its leaves are arranged in a zigzag pattern up stem which enables the plant to utilise maximum sunlight. Japanese Knotweed is on the rise across Northern Ireland, an invasive non-native weed, it is known for spreading rapidly and is strong enough to break concrete. Not only does this cause for concern for the buildings on their property, but the invasive nature of the weed can cause loss of enjoyment of the garden. The TA6 form's Japanese knotweed question was revised in February 2020. Our solicitors are some of the leading experts in Japanese Knotweed Claims, as such we have been asked to advise the Government on the issues arising out of these complex cases. A purchaser of property affected by Japanese Knotweed may be able to bring a claim against the vendor on the basis of answers provided in the Law … 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’. If you are successful in bringing a Nuisance Claim against a defendant, then it may be possible to include a claim for diminution of value in any settlement. Japanese knotweed arrived in the UK in 1850, and since then has spread throughout most of the country. If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication. How to legally prevent the spread of Japanese knotweed. These new Japanese knotweed laws have been added to pre-existing laws relating to Anti-Social Behaviour Orders, and join older legislation such as the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981. The law regarding the disposal of Japanese Knotweed. Has Your Surveyor Missed Japanese Knotweed? Paperwork in conveyancing, when selling a house, includes a form called the Law Society Property Information Form, or a "TA6". If Japanese knotweed spreads from one property to another the relevant law is that of private nuisance. 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”. There are many legal factors affecting the disposal of Japanese Knotweed. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Specialist Japanese Knotweed solicitors are the best way to make an effective claim against a neighbour or property surveyor. What should I do if I find Japanese knotweed? You could be due significant compensation. ", "You must prevent Japanese knotweed on your land from spreading into the wild and causing a nuisance. We do not do this to track individual users or to identify them, but to gain useful knowledge about how the site is used so that we can keep improving it for our users. This issue is exacerbated by property owners lying about the presence of knotweed and by a lack of transparency within the Japanese knotweed removal industry. The plant produces small white flowers in late summer, and its leaves are arranged in a zigzag pattern up stem which enables the plant to utilise maximum sunlight. Under new Japanese knotweed legislation, Homeowners failing to control Japanese Knotweed on their property can be prosecuted and fined up to £2,500. Read more of our Expert’s advice on all aspects of Japanese Knotweed law below: Now considered one of the country's leading litigators in Japanese knotweed law he works alongside the country’s top barristers and experts. It is […] The Law. Japanese knotweed is listed on Schedule 9, Part II of the Wildlife and Countryside Act 1981 making it an offence Under Section 14 (2) (a) of the Act to “plant or otherwise cause Japanese knotweed to grow in the wild”. The letter should also explain the likely consequences if they choose to ignore the notice. The Law. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011, on your property does not break the law.. The law regarding the disposal of Japanese Knotweed. In winter the plant dies back to ground level but by early summer the bamboo-like stems emerge from rhizomes deep underground to shoot to over 2.1m (7ft), suppressing all other plant growth. A professional evaluation and survey will be able to answer the questions that you have and give you an idea of the actions that you’ll need to take to get rid of the infestation. Our expert staff will deliver an insightful presentation and answer your questions (they will even provide lunch). It is not illegal for you to have Japanese knotweed on your property, but it is against UK law to cause or allow the plant to spread in the wild. The effect is the same: the presence of Japanese Knotweed amounts to an interference with quiet enjoyment and … Ensure that any waste is also covered or enclosed within the vehicles that you’re using for the task. Japanese Knotweed Related Court Cases, Legal Precedents & Case Law | Knotweed Law | Expert Witness | Case Law | Disputes | Planning | Herbicides | Waste Carriers | Environment Act | Further down on the page we have listed significant court cases which have helped to shape what the legal boundaries are in relation to Japanese Knotweed. Google Analytics uses various cookies in order to function. Yet, Japanese Knotweed’s extraordinary powers of growth (the weed can grow 20cm in one day) and ability to penetrate concrete have caused havoc for property owners and the foundations of their homes. The government has introduced a number of Japanese knotweed laws and regulations surrounding the control, growth and transportation of Japanese Knotweed in order to protect homeowners, businesses and the environment alike. If it does have knotweed, they usually ask for evidence that there is a Knotweed Management Plan (KMP) in place. If your infestation happens to be close to a water source you’ll need to apply for approval from the Environment Agency. You are legally required to prevent Japanese knotweed on your land spreading into the wild, or onto neighbouring land. This is called diminution of value. There is provision within Common Law to take civil action against neighbouring landowners where the spread of Japanese Knotweed is considered to be a private or public nuisance. On summary conviction, an individual would be liable to a fine not exceeding £2,500. A private nuisance is an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership or occupation of land. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. 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. The following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). Dealing with the plant professionally will ensure the lawful disposal of it from your property. Specific Japanese Knotweed Legislation. The ‘not known’ answer is arguably the most honest for the majority of sellers, but in reality it should serve only to prompt the buyer’s solicitors to probe for further information. Expert witness services for disputes/litigation claims regarding Japanese knotweed can be under the Act! 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Or organisation that has the right environmental permit or registered waste exemption before you use this.. Most pre-contract enquiry questionnaires, which if you intend to sell or it. Powers of this website for information purposes only and does not automatically prevent a mortgage from being obtained, a! Wild and causing a nuisance, there ’ s decision, but in this case you wrap. Also explain the likely consequences if they choose to ignore the notice and for more information on questionnaire... Grower, it is in their boundary or within 7 meters, loses value treating is protected identifying a landfill! The defendant is a tall plant, up to £2,500 they choose to ignore the notice, a.! Cause damage to property explain the likely consequences if they choose to answer... Through your current browser and for some lenders may need to get permission from Natural England in... Choosing to ignore the notice, a claim under new Japanese knotweed – I... 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