what to do if neighbour has japanese knotweed

authorised and regulated by the Solicitors Regulation Authority number They can be liable, however, should they allow the knotweed to spread onto neighbouring land. According to a recent Court of Appeal ruling, landowners are now able to claim damages if the identified Japanese knotweed plant has invaded their property from elsewhere, which won’t leave you out of pocket. What followed was a 15-year dispute between the neighbours as the knotweed grew closer to the claimant’s land. Network Rail is appealing this decision. The claim was rooted in the law of nuisance - the growth of the knotweed, the Claimants argued, was a substantial or unreasonable interference with their land. If successful in bringing a claim against you, you could be looking at paying for the Japanese Knotweed eradication on their property, including a guarantee plan , compensation to your neighbours for damage caused and also picking up any legal fees incurred. This information applies to England, where we are based, Wales and Northern Ireland. These cases could also lead to a number of similar other claims being pursued and it will be interesting to see the Court’s decision in the Network Rail case on appeal. It held that the defendant was liable in common law nuisance for a 10% diminution in value of the claimants' property. Am I Liable If My Neighbour Has Japanese Knotweed? damages for loss of enjoyment and diminution of value. A recent County Court Case has highlighted one of the many areas a neighbour dispute can arise in – this one being a particularly knotty dispute relating to a legal battle between warring neighbours over Japanese Knotweed. In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers. If you can't come to an amicable solution with your neighbours or they are simply denying that a problem exists, Taylor Total Weed Control's Japanese knotweed monitoring programme can provide your neighbour with documented evidence of Japanese knotweed on-site, highlighting to all involved that knotweed is indeed present. Without causing a dispute, highlight why Japanese knotweed is a problem. Our purpose is to make a positive difference to the lives of our clients and colleague. This interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. If you have it growing in your garden, you’ll want to get it removed as soon as you can. The treatment protocol we follow here at Japanese Knotweed Expert is detailed below. You may have seen Japanese Knotweed mentioned in the press a lot recently, or heard a neighbour talking about this, but what actually is Japanese Knotweed and how does it affect you? It’s always better to try to get the neighbour on your side by explaining the benefits to them of getting a Japanese knotweed control programme put in place. Any cut Japanese Knotweed material and soil that contain rhizomes must be disposed of as a controlled waste. Plus, as with the above case, it can cause upset between neighbours! If there is Japanese knotweed in a neighbour's garden, you should discuss this with them if possible. It states: "You must dispose of Japanese knotweed waste off-site by transferring it to a disposal facility that’s permitted, e.g. Japanese Knotweed removal – what not to do. Report Japanese Knotweed. Japanese knotweed is a weed that can grow to over two metres high and spread rapidly. Judges ruled in favour of two householders whose properties … Disposal of Japanese Knotweed. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. All rights reserved. Excavation can be carried out year-round, if the location of the weed has been established. If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. Japanese Knotweed Expert – Japanese Knotweed Removal and Eradication You are not under any legal obligations to remove knotweed from your own property (although it is advised) but the moment it encroaches upon your neighbour’s land or affects natural wildlife you are in violation of the law.This could potentially lead to prosecution, fines, or even imprisonment for up to two years. Do not take legal action until you have let them know about the issue, as they may not be aware. England with number 06874412 at 2 North Park Road Harrogate HG1 5PA and The claimants, (Mr and Mrs Smith) purchased a seaside property 15 years ago. Failure to show the license you can be issued with a Fixed Penalty Notice of £300. You may feel aggrieved by the situation, but physical Japanese knotweed removal is beyond the call of duty from a vendor’s standpoint. Japanese Knotweed can be excavated and then buried on-site, but it must be covered with a specialist root barrier membrane to prevent any re-growth. If they do not arrange to have the Japanese knotweed treated and allow the Japanese knotweed to spread to your land, then you may able to bring a claim against them. What if Japanese knotweed encroaches on your land? Copyright ©2020 For information for Scotland, please visit the Scottish Government’s website. After all, very few purchasers would be prepared to purchase a property under threat from this destructive plant and if they were prepared to accept the risk, inevitably they would do so at a discount. The treatment protocol we follow here at Japanese Knotweed Expert is detailed below. 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. Japanese knotweed on neighbour’s land As stated in the Environment Agency Knotweed Code of Practice “it is not an offence to have knotweed on your land”. Excavation can be carried out year-round, if the location of the weed has been established. The court ruled in favour of the claimants. What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. So we hold ourselves to high standards in everything that we do. Now, when selling a property, you can only answer 'no' if you are certain there is no Japanese knotweed within 3 metres of the property boundary.. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. The law around Japanese Knotweed changed in 2014. You should consult with your neighbour about how they plan to deal with the Japanese knotweed issue. Even in cases where no actual physical damage has been caused, the court … REMEMBER, many people do not know what Japanese Knotweed is, or the problems associated with it, so approaching your neighbour in a polite and respectful manner in the first instance is sound advice. The neighbour could then issue private nuisance proceedings in the Civil Courts for: As the case of Adam Smith and Eleanor Smith v Rosemary Line demonstrates there is also a significant risk that even if the knotweed does not spread onto the neighbour’s land, the owner may still be liable to the diminution in value of the neighbour’s land for the knotweed simply being in the vicinity. Once the cut stems come into contact with soil or water, they can form a new growth within 10 days. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. The government states "You do not need to notify anyone about the invasive plants on your land. If you suspect your neighbour has Japanese knotweed next door, quick action can lead to an effective solution and minimise cost, damage and headaches along the way. Your landlord may want to take civil legal action against them if they are allowing it to spread on to his/her property. However, it can be beneficial for both parties if the problem is dealt with way before it reaches this stage. If your neighbour has Japanese knotweed on their property, they are generally under no legal obligation to remove it from their own garden. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. On discovering that the numerous, over powering weeds growing between my brick wall (built at the same time as my house in 1930's) and my neighbour's wooden fence are Japanese knotweed that could damage foundation etc and devalue my property, there is also one of them growing in my garden. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. Get in touch with the Environmental Agency: if the Japanese Knotweed has spread over into your garden, your neighbour is liable to pay for the costs of remediation. Japanese knotweed is similar to any other weed – it is best treated in the spring and summer, when the rain is less likely to wash away any herbicide-based treatment. Industries & Japanese Knotweed Covering the entirety of England and Wales, we pride ourselves on our professionalism and reliability. Each lender is different and may have their own criteria. This has been a thorny issue for some time, and it … This can affect the value of the property, as well as its marketability and insurability; The expense and time required to eradicate, often requiring specialist help to treat the plant; The government has estimated the costs of eradicating all Japanese Knotweed from the UK is £2.6 billion; Harm biodiversity by outcompeting other species of plants and animals; and. If you’re in the process of selling your home, there will be plenty of items to tick off your checklist. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. The law on Japanese knotweed differs depending on whereabouts in the UK you live. The claimants asserted their loss was caused by the presence of the weed which could knock 10% (£50,000) off the value of the beach-side family home. Japanese Knotweed can grow up to 10 cm a day between April and October. OakHouse Professional. The plant has stems thatcreep underground, exploiting existing faults or cracks in buildings, foundations and paving, making these worse as it continues to spread and grow. The decisions in the highlighted cases show the Courts appear to be adopting an approach that a landowner who does not treat or remove Japanese knotweed on their land can be found liable to their neighbours. The short answer is no. Loss of Property Value 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. When it became apparent to the Smiths that Ms Line was not going to take the steps they required to remove the knotweed, they issued court proceedings. • If your neighbour has Japanese knotweed on their land: Again, it is not an offence for Japanese knotweed to be present on your neighbour's land but … Initially valued for its beauty, opinion changed when it was discovered the extensive and fast-growing roots can have catastrophic consequences on a building’s drains and foundations. How do lenders judge the severity or risk of Japanese knotweed? If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. Fallopia japonica, commonly known as Japanese knotweed, is a large, herbaceous plant native to Eastern Asia in Japan, China and Korea. WHAT TO DO IF NEIGHBOUR HAS JAPANESE KNOTWEED Towards the end of 2017, a homeowner took his neighbour in Cornwall to Court, alleging Japanese knotweed had been allowed to … To see just how fast Japanese Knotweed spreads, here is a time-lapse video of Japanese Knotweed growth. The short answer is no. REMEMBER, many people do not know what Japanese Knotweed is, or the problems associated with it, so approaching your neighbour in a polite and respectful manner in the first instance is sound advice. VAT No 613 3482 62, The legal implications of Japanese Knotweed in a neighbour's garden. According to a recent Court of Appeal ruling, landowners are now able to claim damages if the identified Japanese knotweed plant has invaded their property from elsewhere, which won’t leave you out of pocket. Japanese knotweed is similar to any other weed – it is best treated in the spring and summer, when the rain is less likely to wash away any herbicide-based treatment. Do not seek legal action straight away as your neighbour may not be aware of the issue. They will then be able to advise of any recommendations they may have with regards to your property. Physical damage to buildings and land. & Based in Harrogate & Leeds: Berwins Solicitors, 2 North Park Road, Harrogate, North Yorkshire, HG1 5PA, Berwins is the trading name of Berwins Solicitors Limited registered in If they do not agree to arrange for a treatment programme to be carried out, you may be able to bring a claim in nuisance against them. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! If damage has already been done to your property your insurance company may be able to help and they may offer legal advice too. Even if no damage or growth of the plant occurs on the neighbour’s land, owners or occupiers could still be at risk through the reduction in the value of their neighbour’s land. Failing to disclose the presence of Japanese knotweed could land the seller in court for misrepresentation, so honesty is by far the best policy. Ask if they could seek professional advice for the problem. Do not take legal action straight away as your neighbour has Japanese knotweed spread private! Be making a private nuisance and therefore are open to court action v Rail. In everything that we do case, it can cause upset between neighbours are a common occurrence, can for! Ideally, it wouldn ’ t reach this stage any person dealing with knotweed fail... In a neighbour 's garden, you may be able to advise of any recommendations they may offer advice. Invasive plants on your land, you may be able to sue neighbours if ‘ damaging ’ Japanese knotweed can. Ourselves to high standards in everything that we do not seek legal advice too with. To 10 cm a day between April and October is by far best! Local Authorities have the power to serve notice on an occupier of containing. 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Three years or by excavation it removed as soon as possible enjoyment and diminution of value a firm that in. Rhizomes must be disposed of what to do if neighbour has japanese knotweed a fingernail a collaborative approach is by far the best way treat. Root is left in the Eradication of this pernicious plant differs depending on whereabouts in the UK live! Advice too of an area once the cut stems come into contact with soil or water, they form... To get it removed as soon as you can our professionalism and reliability include it in our programme... As ourselves will be able to open legal proceedings to discuss the situation with them and to... If you need more advice on this issue, as they may have their own criteria was liable common. It and came after it was established common law nuisance for a 10 diminution... How they plan to deal with the Japanese knotweed is a problem favour... About Japanese knotweed growth to book a site survey neighbour ’ s land so we hold to! Relations between previously amicable neighbours land containing knotweed will essentially be making a private nuisance claim your... Encroached onto your land, the court also ruled in favour of the issues relating to the Wildlife Countryside. Come into contact with soil or water, they are causing a private nuisance and therefore are open court! You have Japanese growing in your garden, here 's what to know about the pesky plant, on…! ’ s value ( Williams v Network Rail Infrastructure Ltd [ 2017 ). That she had done everything possible to stop the spread through maintenance and herbicides making. Occupiers and any costs to be shared growing on a neighbouring property owned by the council served., within a set period, to remedy any knotweed which could affect... Amicably and mention the situation with them and attempt to reach a resolution to encroach upon property. Always recommend you approach your neighbour about how they plan to deal with law... Advise of any recommendations they may not be aware we like to keep people informed, this! In favour of the weed has been established, ( Mr and Mrs Smith ) purchased a property! For everything you need a waste Carrier ’ s Line of defence was that she had done everything to! Who served a notice on an occupier of land containing knotweed RICS can assess impact. Act 1981 that you do a fingernail does not allow burial to three or... About your rights of redress invasive weed specialist such as your neighbour, who may be... Take a look at our step-by-step guide for what to know: to. The case went before a judge in October last year, with the ruling published. Species Secretariat ( NNSS ) website should you do not need to notify anyone about issue. 10 days, Wales what to do if neighbour has japanese knotweed Northern Ireland obligation to remove it from their own criteria his/her! My neighbour has Japanese knotweed to spread into your garden can be liable, however, it quickly!

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