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. Failure to spot Japanese Knotweed can be negligent Print publication. It was originally brought to Britain for its beauty and was named the “most interesting ornamental plant of the year” in 1847. Japanese Knotweed: How to spot it and deal with it Japanese knotweed is an infamous plant that can wreak havoc for many homeowners. Japanese knotweed crown and rhizomes (which make up the roots of the plant) can survive burning. However, Knotweed is particularly hard to eradicate compared with other plants, requiring multi-year treatment with herbicide or excavation, which is not the case with trees or plants such as buddleia. No. Surveyors risk being liable in negligence for failing to notice or identify Japanese Knotweed. Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. Think You’ve Found Knotweed On Your Property? Homeowners can often be placed in a difficult position where they’re aware that a knotweed infestation is close to their borders, but feel powerless to stop it spreading onto their own property. There is no legal stipulation to clear Japanese knotweed from one’s land however, if the plant is allowed to spread from your land onto a neighbouring property then you will be responsible for clearing that infestation. There are a few proven methods of managing Japanese knotweed. Although Japanese knotweed is not poisonous or directly “dangerous” to people, the continued spread of Japanese Knotweed poses a threat to the environment, homeowners and business owners alike. My surveyor missed the Japanese knotweed – can I do anything about it? 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. ... Trafford will still use glyphosate on the toughest weeds, including Japanese knotweed. Japanese Knotweed is a woody stemmed herbaceous perennial rhizomatous plant, and is a member of the Buckwheat (Polygonaceae) family. Legislation. 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. 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 Help is a trading style of Cobleys Solicitors Ltd. We have developed a range of UK-based training options to provide you with practical, commercial and tailored assistance where you need it most. Here’s What to Do. Even if the knotweed is treated and removed, losses can still be between 6-9%. Japanese knotweed spreads via the transferral of contaminated soil, or the unlawful tipping of cuttings. The Court awarded each Claimant £10,000 for diminution in value and £4,320 for treating the Knotweed on their land. You can report those not abiding by these practices to your local authority. 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. Before you transfer any knotweed contaminated waste you must warn the waste site that you are about to transport an invasive plant and confirm that they have the correct permit to deal with the plant. 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. If it can be proven that the knotweed has entered from a neighbouring property then you should be able to claim for the costs of the removal of the plant. If it is not a species of Union concern, then the Wildlife & Countryside Act (WAC; Section 14, Schedule 9) still applies 2. How to legally prevent the spread of Japanese knotweed. 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 you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. May 09, 2019. Trustworthy firms that you can rely on will belong to trade bodies such as the Property Care Association (PCA) or the Invasive Non-Native Specialists Association. 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. Japanese knotweed is frequently discussed in the media in the context of property Japanese knotweed stifles native species and reduces house prices. Central and Eastern Europe Legal News and Views, UK Finance Disputes & Regulatory Investigations Blog. Should you wish to legally build on land with Japanese knotweed then you will need to follow a few steps, to ensure that you’re not held liable years down the line. Wildlife & Countryside Act 1981. Japanese knotweed (Fallopia japonica) belongs to the plant family Polgonaceae. By Paolo Martini on 11th February 2019 (updated: 14th July 2020) in News. Under s. 14 (2) WCA it is an offence to plant Knotweed or “cause it to grow” in the wild (and arguably this provision would catch allowing knotweed to spread over boundaries beyond an individual’s property). Related: What to do if you’ve bought a property with Japanese knotweed. Steve Nixon reviews a recent case concerning this invasive species which continues to … relating to its release and disposal of waste). It must be proved that the knotweed originated on your land in order for you to be held responsible for clearing it, as in the case of Smith v Line. Japanese Knotweed is a fast-growing plant of the ‘dock’ family, with bamboo-looking stems and small white flowers. Read our Japanese Knotweed advice based around questions that we are frequently asked by our clients, answered by our Japanese Knotweed specialists. The UK Government’s latest report on Knotweed published on 16 May 2019 states that “a significant industry is built around controlling Japanese Knotweed, but we were told that mortgage lenders in other countries do not treat the plant with the same degree of caution. Because Japanese knotweed became such a problem over such a short period of time – legislation was introduced via the ‘Wildlife and Countryside Act’- this legislative document began the process of opening the eyes of land owners and giving power … Has Your Surveyor Missed Japanese Knotweed? If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. Choosing to ignore its presence on your land can often prove to be a costly mistake. Under the powers of this act police and local council authorities have the power to issue individuals and businesses with Community Protection Notices. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. Property Acquisition, Site Remediation & Brownfields Redevelopment, Network Rail Infrastructure Ltd v Williams and another, Coronavirus (COVID-19) Legal Insights Hub, Talk to the Experts Virtual Discussion Forum: Future of Plastics, The Future of Green Energy – UK Perspective, Looking Ahead to 2021: Implications of a Change in US Administration on Environmental Policy, Trump Administration Issues Proposed Rule to Fast-Track Environmental Permitting for Mining Projects, US EPA Releases Draft National Recycling Strategy for Comment, O-I-CEE! 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. Fri 5 Apr 2019 06.46 EDT. Invasive Plant Solutions support and encourage full compliance with all Irish and EU environmental legislation and industry Codes of Practice Japanese Knotweed and Invasive Plant Control Specialists Phone: 086-2621443 | Email : info@knotweed.ie You can bury Japanese knotweed at the site it’s produced as long as you: bury it at a depth of at least 5 metres. In 2014, a decision was made to include the negligent cultivation of invasive plants such as Japanese Knotweed into the remit of the Anti-social Behaviour Crime and Policing Act 2014. 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. Japanese knotweed is listed as one of these plants in Schedule 9, offenders may face a £5000 fine and/or 6 months imprisonment, or 2 years and/or an unlimited fine on indictment. Japanese knotweed disposal… If you plant or cause a Schedule 9 weed to grow you may face a £20k fine or 6 months in prison. They have strict laws and legislation regarding invasive weeds like Japanese knotweed. 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. However, the UK has legislation surrounding Japanese knotweed, and more generally, invasive species (e.g. 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. The Invasive Alien Species (Enforcement and Permitting) Order 2019 (“The Order”), which came into force on December 1 st 2019 and applies in England and Wales, is part of the UK’s implementation of EU Regulation 1143/2014. 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. Following the Committee’s paper of 16 May 2019, the Government has welcomed the Committee’s findings, agreeing that Japanese knotweed (“JK”) may have been disproportionately singled out above other invasive plants and that an evidenced-based approach is required. The claimants in this case Mr Williams and Mr Waistell, were adjoining freehold owners of semi-detatched bungalows in South Wales. What is Japanese Knotweed? 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. These registered carriers are still bound by the law in regards to disposing Japanese knotweed and must not dispose of waste along with surplus soil, or sell any contaminated soil. In addition, the Government has confirmed that: Bohemian Knotweed, like its infamous parent, Japanese Knotweed, is a non-native invasive species known to cause damage to concrete, buildings and foundations if left untreated and capable of spreading over 7 metres laterally from the plant. S14(2) 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.”  A defence under s.14(3) is that the accused took all reasonable steps and exercised due diligence to avoid committing an offence. Published 18 September 2019. Interestingly, home owners wishing to sell their property must fill out a property information form, called a TA6, declaring whether the property or garden is, or has been, affected by Knotweed, but developers and builders are not obliged to complete the form, which was introduced in 2013. This result proves that turning a blind eye to your knotweed problem is not a good idea, especially when it is threatening to leave the confines of your land. In short, if you have knotweed on your land and you’re looking to dispose of it, you’ll need to follow the correct procedure should you wish to avoid a hefty fine. VAT Number 477 2974 93. Significant newspaper publicity has also been given to a 2019 court award of £50,000 relating to a case where a visually impaired property owner, Paul Ryb, instructed a chartered surveyor to undertake a comprehensive RICS level 3 survey of a flat in London he wished to purchase. 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. 1143/2014, 2014). Even when removed, if a small piece of root or stem is left in the ground it can re-infest the land. Japanese knotweed is not listed in the EU List of Invasive Alien Species of Union concern since there is insufficient evidence that it meets the listing criteria (Reg. The Property Care Association (PCA) has announced that reports of this hybrid, known as “Bohemian Knotweed” are rising and the ideal recent growing conditions for the weed have increased concern that it might spread rapidly across the UK. If you have knotweed or suspect it to be a problem, whether you have had treatment or not, contact us for free, no obligation advice. Japanese knotweed, scientific names Fallopia japonica is a member of the dock family (Polygonaceae). Can You Build On Land With Japanese knotweed? If you’re planning on digging up and removing your knotweed manually then you’ll need to adhere to the aforementioned waste legislations laid out in the Environment Protection Act 1990 and the Wildlife and Countryside Act 1984. The core of these regulations is the EU’s list of Invasive Alien Species of Union Concern (the Union List).. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and evidence-based approach is needed to ensure that the impact is proportionate to the physical effects of the plant in the built environment”. The claimants claimed an injunction requiring the removal or treatment of the Knotweed by Network Rail, as well as damages. 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 is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. Can you remove Japanese knotweed yourself? The surveyor reported that the property was in excellent condition with very few defects, but missed the actively growing mature Knotweed in the garden, which was subsequently identified by Mr Ryb’s gardener. If you find Japanese knotweed on your land then you should take care to isolate the area and establish how much of your property has been affected by the plant. 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 £50,000 figure awarded reflected the reduced value of the property. We provide the below summary, but please be aware this is interim guidance; the final report from Defra has been delayed by the election, so we will follow-up as soon as this is released in early January 2020*. Distribution of Japanese Knotweed reports. Related: How To Identify Japanese Knotweed. The case law and the publicity surrounding Knotweed continues, however the latest research suggests that the physical damage to property from Knotweed is no greater than that of other disruptive plants and trees (such as buddleia) that are not subject to the same controls. 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. I’ve bought a house with Japanese knotweed. You will be liable for the spread of the plant even if you have attempted to stop its spread by composting or burying it. 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. Japanese knotweed can lie dormant under the ground for up to 20 years before suddenly re-growing; Property owners who fail to stop the spread of knotweed on their land can face fines and even a jail sentence under ASBO legislation; To view the heatmap and identify Japanese knotweed … 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 arrived in the UK in 1850, and since then has spread throughout most of the country. You could be due significant compensation. 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. A sign prohibiting entry to a site in Britain due to the presence of Japanese knotweed. This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms. 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. How Japanese Knotweed Affects House Insurance: Are You Covered? This case highlights the duty of care on surveyors and other consultants carrying out surveys in relation to the presence of Knotweed on a site. Japanese knotweed-infested soil that has been treated can be reused for landscaping the site, but should not be taken off site, unless to landfill. And how to make a. 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. 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. These notices are only reserved for those who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. The content of this website for information purposes only and does not constitute legal advice. This is called diminution of value. The plant lies dormant in winter but once summer arrives it can grow a foot a week and suppress other plant life in the garden. It will be interesting to see if these studies lead to any shift in approach away from the “menace to homeowners” that Knotweed is currently considered to be. In the event that you discover an infestation on your land, you are not legally required to declare Japanese knotweed to the authorities. His in-depth legal experience and connections to the Japanese knotweed removal industry make him uniquely suited for handling your case. 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. If they do not take reasonable steps to control the knotweed after they’ve been informed of the infestation, then you should be able to appeal for a Community Protection Notice from your local authority to force them to do so. 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. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and … Open up a discussion with your neighbour, letting them know that knotweed is present on their property. The Court held that “damage” (an essential requirement for a common law nuisance case) was an elastic concept and included Knotweed rhizome contamination, and in addition, that nuisance could be caused by inaction or omission as well as by positive activity. The invasive plant has reached emergency proportions there. Posted on 20th March 2015 1st March 2019 by John. New Japanese knotweed legislation was introduced in 2014, including fines of up to £2,500 for homeowners who fail to control Japanese knotweed on their property. Japanese knotweed rhizome. 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. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. New Japanese knotweed legislation was introduced in 2014, including fines of up to £2,500 for homeowners who fail to control Japanese knotweed on their property. This Order is similar to existing legislation, but there are a number of changes that apply to regulated species: 1. Bought a House With Japanese Knotweed? The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. It’s important that you either supervise the disposal of the infestation yourself, or hire a specialist to take responsibility for it. What should I do? The discovery of a new hybrid form of Japanese Knotweed (a cross between Japanese Knotweed and Giant Knotweed) which could be even more destructive than its parent plant, has started another round of concern over the effects of this invasive species. Allowing Japanese knotweed to spread to neighbouring properties may be viewed as a private nuisance under common law, but this would be a civil matter. Schedule 9 to the Wildlife and Countryside Act 1981 (‘WCA’) lists certain plants and animal invasive non-native species that have become established in the UK but which the law seeks to prevent spreading further. During the winter, these stems appear to die off, becoming brown and brittle. 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. This inevitably leads to disputes with neighbours who are uncomfortable with having Japanese knotweed at such a close distance from their house. Anyone ignoring a Japanese knotweed ASBO (A nti-Social Behaviour O rder) can be charged and receive: On the spot penalties of up to £100; Criminal prosecution and fines of up to £2,500 In Ireland Japanese knotweed is a non-native, alien invasive plant species, orginally from Japan & Northern China. Usually, you will be advised to take your waste to a landfill that has the requisite permit to deal with the plant. 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. 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