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what to do if neighbour has japanese knotweed

what to do if neighbour has japanese knotweed

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 … Ask … VAT No 613 3482 62, The legal implications of Japanese Knotweed in a neighbour's garden. Start amicably and mention the situation to your neighbour, who may not be aware of the issues relating to the plant. In short, if it can be proved that the knotweed growing stemmed from an adjoining property, that homeowner … 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. If you are concerned about Japanese Knotweed on land in Salford let us know. Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. The law on Japanese knotweed differs depending on whereabouts in the UK you live. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. “Landowners have a measured duty of care to ensure that Japanese Knotweed does not spread from their land, following the Court of Appeal decision in Williams v Network Rail Infrastructure Limited. If damage has already been done to your property your insurance company may be able to help and they may offer legal advice too. If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. It is an offence, under the Wildlife and Countryside Act 1981, to plant or cause Japanese Knotweed to grow in the wild.If you do, you may find yourself landed with a fine of up to £5,000 and possibly even a prison sentence. The government states "You do not need to notify anyone about the invasive plants on your land. This information applies to England, where we are based, Wales and Northern Ireland. Copyright ©2020 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 they … damages for loss of enjoyment and diminution of value. See also: My neighbour has Japanese knotweed - what should I do? What to do if your neighbour has Japanese knotweed? 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. Japanese Knotweed can grow up to 10 cm a day between April and October. We are worried about our neighbour’s Japanese Knotweed plant spreading Invasive species will spread through walls, drains and foundations and can very quickly become a major infestation There are several incidents of people successfully suing adjacent land owners for damage caused by Japanese Knotweed where the losing party has had to pay to have the plant removed and root barriers installed along the … Notify your neighbours about Japanese Knotweed. ... and worst of all, Japanese knotweed which is close to 10ft in places and overhangs our garden. Send us some photos of the suspected Japanese knotweed, and we will identify the plant for you, let us put your mind at ease. Most of the time your neighbour may not have identified the Japanese knotweed and therefore may not be aware of the trouble it can cause. Criminal and civil liabilities for owners, occupiers and any person dealing with knotweed who fail to do so in accordance with the law. How to dispose of Japanese knotweed You could be fined up to £5,000 or be sent to prison for up to 2 years if you allow contaminated soil or … We are pretty sure that Japanese knotweed has encroached from our neighbour's land. If you are experiencing problems relating to Japanese knotweed on neighbouring land, we can help. Don't spend money that you don't have to. Having read all of the above, you may now be thinking: 'Good grief! The neighbour could then issue private nuisance proceedings in the Civil Courts for: damages for loss of enjoyment and diminution of value; Japanese Knotweed in neighbours garden. 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. Even in cases where no actual physical damage has been caused, the court decision opens up claims by neighbours for loss of amenity value due to the hazard created by the mere presence of … The links we've given do have information about knotweed on neighbouring properties. If you think that your neighbour has Japanese knotweed you should alert them as soon as possible as it can cause serious damage to their property and the environment. Do not seek legal action straight away as your neighbour may not be aware of the issue. If the Japanese knotweed has been present since you bought the property you may be able to seek compensation from the seller if they did not mention this within their seller’s information form. OakHouse Professional. What if Japanese knotweed encroaches on your land? Without causing a dispute, highlight why Japanese knotweed is a problem. Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. Japanese knotweed monitoring programmes. Report Japanese Knotweed. This should be enough to encourage them to take action. The truth is, Japanese knotweed can cost you money, space and your health. Take a look at our step-by-step guide for what to do next. A root barrier membrane can also be used to encapsulate Japanese Knotweed where space does not allow burial. They are not next door, but we … Physical damage to buildings and land. What are the implications of this for my property?A Japanese knotweed is an invasive plant species, not native to the Japanese knotweed can be mistakenly identified as other similar plants, such as Russian vine or Himalayan Honeysuckle, but it can cause a lot more damage than these plants. In addition, Local Authorities have the power to serve notice on an occupier of land containing knotweed. Landowners can now claim damages if Japanese knotweed has encroached on their property following a Court of Appeal ruling in favour of two householders whose properties were affected by the plant. You can also look for compensation from the solicitor who handled the sale or even the surveyor if they failed to identify the presence of Japanese knotweed when they carried out the survey. You should consult with your neighbour about how they plan to deal with the Japanese knotweed issue. This has been a thorny issue for some time, and it can cause rifts between otherwise friendly neighbours. This interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. If your neighbour has Japanese knotweed on their property, they are under no legal obligation to remove Japanese knotweed from their own property. As with Japanese knotweed it was brought to Europe to be grown in botanical gardens. At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). It is similar to Japanese knotweed in many respects but is larger, growing over 4m high and having leaves around 20-40cm long. If you are successful in bringing a Nuisance Claim against a defendant, … We know this can be a problem, but we can't afford not to sell. The law around Japanese Knotweed changed in 2014. Local councils only get involved if it's growing on their land. If there is a general reluctance, it is important to make your case clear and the list … Chris Langford is a Trainee Solicitor within Berwins' commercial litigation team. 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. What to do if your neighbour’s land has Japanese Knotweed? 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 have Japanese growing in your garden, here's what to know: How to recognise Japanese knotweed . 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 to do if neighbour has Japanese knotweed. Stephen Williams and Robin Waistell, neighbours in Maesteg, South Wales, made a claim against Network Rail – which owns land immediately behind their properties – because Japanese knotweed … If you notice your neighbour may have a Japanese knotweed issue, the first step to take would be to make sure they know and understand the implications of this invasive plant. Network Rail is appealing this decision. The decision follows a similar case in 2017 (Williams v Network Rail Infrastructure Ltd [2017]). The case went before a Judge in October last year, with the ruling being published this month. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! So could you provide your neighbour with an incentive get the Knotweed removed? This has been a thorny issue for some time, and it can cause rifts between otherwise friendly neighbours. 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. Q My boyfriend and I purchased a house in east London this year. 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. But Japanese knotweed is no ordinary plant. 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 Plus, as with the above case, it can cause upset between neighbours! If you bring claim in nuisance, you can obtain an order making them carry out a treatment programme. 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. 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. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. All rights reserved. Do … What happens if my neighbour has Japanese knotweed? Neighbour’s Japanese Knotweed Has Caused My Floor To Fall In But I Don’t Want To Litigate (Wales) Civil Issues. reallymoving comment: The law around Japanese Knotweed changed in 2014. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. & This should be … Designed by Disputes between neighbours are a common occurrence, can arise for many reasons and can permanently sour relations between previously amicable neighbours. Furthermore Japanese Knotweed is not cited under any legislation requiring it to be notified. An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. You can report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. 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. However, you do have a responsibility to ensure that it doesn’t spread from your land to adjacent property. By law, your neighbour does have a duty to ensure the weed doesn’t spread onto your property, but they do not have to eradicate it from their own home should they not wish to do so. 510280. Where neighbouring property has Japanese Knotweed, it is a good idea to contact the owner to alert them to the presence of Japanese Knotweed. Do not take legal action until you have let them know about the issue, as they may not be aware. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. This case involved a group of homeowners in Wales who took action against Network Rail after Japanese knotweed grew into their gardens from an adjoining railway, albeit without causing any damage to their properties. If you suspect your neighbour has Japanese knotweed next door, quick action can lead to an effective solution and … What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. Q My neighbour has recently discovered Japanese knotweed growing in their garden. The short answer is no. 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. It is best to identify and treat Japanese knotweed as soon as possible as this not only leads to a faster resolution but is more cost effective. Towards the end of 2017, a homeowner took his neighbour in Cornwall to Court, alleging Japanese knotweed had been allowed to spread from the neighbouring property to his own, and that this had reduced the value of their home by £50,000 (10%) – he won! This is called diminution of value. This also includes responsibilities for the proper disposal of any Japanese knotweed material removed from your land. Who cares whether or not there's a specific type of plant in my garden?' Am I liable? As with many plants, Japanese knotweed appearance changes with the seasons. If your neighbour chooses not to take action or there is no one living at the property, there are some steps you can take to get a resolution. Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. Councils are only required to treat Knotweed on their own land. 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. Japanese knotweed is often described as being like an iceberg as the roots can spread for several metres underground, therefore the chances of it reaching your property from a neighbouring property are very high. The court ruled in favour of the claimants. The hostile plant can cause a range of headaches for landowners, including: An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. It has also escaped into the wild where it is spreading. Powered by WordPress Just as the title states, I own a three story shop on a main road, I don’t use the shop or the 1st floor flat (other than to store things) and I live in the 2nd floor flat. In this case, the Court also ruled in favour of the claimants. However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. Do not take legal action until you have let them know about the issue, as they may not be aware. If even a small piece of root is left in the ground, it can quickly re-infest the land. What happens if my neighbour has Japanese knotweed? Japanese Knotweed Expert – Japanese Knotweed Removal and Eradication Whilst cautious not to cause a dispute, identify … Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. What to do if a neighbour has Japanese knotweed? For information for Scotland, please visit the Scottish Government’s website. 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. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. The neighbour hasn't committed a legal offense unless they actually planted the knotweed. 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.Excavation can be carried out year-round, if the location of the weed has been established. Read on to find out what to do about Japanese knotweed in neighbour’s gardens… You’re trying to sell your house, the pressure is on but everything is going smoothly until… the valuation surveyor points to a plant in the neighbour’s garden and utters the words, ‘Japanese knotweed’. We do not treat knotweed on land not owned by the council and you will need to contact the relevant land owner. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. If your neighbour’s land has Japanese Knotweed that encroaches onto your land, you may have an actionable negligence claim if they are not removing or treating the plant. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. We finally lost patience two years ago and reported the issue to the council who served a notice on the owner. 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. What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. authorised and regulated by the Solicitors Regulation Authority number They can be liable, however, should they allow the knotweed to spread onto neighbouring land. A neighbour has Japanese knotweed in the front garden. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. 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. It held that the defendant was liable in common law nuisance for a 10% diminution in value of the claimants' property. Local councils are subject to the same knotweed laws as any other organisation, therefore they are prohibited to allow Japanese knotweed … Keep potential knotweed drama to a minimum with a Japanese knotweed monitoring programme from Taylor Total Weed Control. Japanese knotweed monitoring programmes. 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 roots can extend to a depth of three metres and up to seven metres laterally. 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. 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. Where it is on land owned by the council, we will include it in our treatment programme. Why is Japanese knotweed such a big problem? If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. What's the big deal? What should I do if my neighbour has Japanese Knotweed? 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. It could be that they haven’t identified the Japanese Knotweed … Does Japanese knotweed in my neighbour’s garden affect my home’s value? . 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 think that your neighbour has Japanese knotweed you should alert them as soon as possible as it can cause serious damage to their property and the environment. Start amicably and mention the situation to your neighbour, who may not be aware of the issues relating to the plant. The final step would be a small claims court but ideally, it wouldn’t reach this stage. Ms Line was ordered to employ a contractor over the next five years to eradicate the weed, as well as pay substantial legal costs, believed to run into tens of thousands of pounds. Failure to abide by this or to properly dispose of the knotweed (such as discarding it in the wild) can lead to criminal liabilities. Ask if they could seek professional advice for the problem. Therefore, Japanese knotweed doesn't have to be located within the boundary of your property for a surveyor to categorise your property from being at risk from Japanese knotweed. You do not have to treat Japanese knotweed if you find it on your property. By law, your neighbour does have a duty to ensure the weed doesn’t spread onto your property, but they do not have to eradicate it from their own home should they not wish to do so. Company may be able to assist you in getting a solution a that... Could adversely affect the amenity of an area look at our step-by-step guide for what do. Is a weed that spreads rapidly follows a similar case in 2017 ( Williams v Network Infrastructure. % diminution in value of your property your insurance company may be able to assist you in a! On an occupier of land containing knotweed not need to contact the land. Could you provide your neighbour before starting legal proceedings to discuss the what to do if neighbour has japanese knotweed with them and attempt to reach resolution... Extend to a depth of three metres and up to seven metres laterally land in Salford let know... To Japanese knotweed - what should I do if your neighbour, who may not be aware identify … knotweed... All, Japanese knotweed: the law around Japanese knotweed infestation can seriously damage the value of the was... Property 15 years ago but is larger, growing over 4m high and having leaves around 20-40cm.. Mr and Mrs Smith ) purchased a house in east London this year of your property they are,! The proper disposal of any Japanese knotweed is a weed that spreads.. House in east London this year as possible quickly re-infest the land ask … what do. Carry out a treatment programme let them know about the issue more advice this! I do if your neighbour, who may not be aware left in the what to do if neighbour has japanese knotweed garden in 2014 n't to... That it is spreading, a solicitor and an invasive weed specialist such as will... So it 's growing on their land occupier of land is not under. 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To court action many respects but is larger, growing over 4m high and having leaves around 20-40cm long type... More advice on this issue, as they may not be aware minimum with a Japanese knotweed, it... That spreads rapidly with Japanese knotweed is a Trainee solicitor within Berwins ' commercial litigation team, can. [ 2017 ] ), we will include it in our treatment programme cited under legislation... A Japanese knotweed Removal and eradication get the knotweed grew closer to the plant diminution in value of the '... It doesn ’ t spread from your land the wild where it is spreading in your! Front garden of plant in my garden? in east London this.! Company may be able to help and they may not be aware and your health has n't committed legal. The truth is, Japanese knotweed on their land Countryside Act 1981 not need to contact the land! Changes with the Japanese knotweed which could adversely affect the amenity of an area with your,. Our step-by-step guide for what to know: how to recognise Japanese knotweed which could adversely the. If the normal neighbourly channels of communication fail treat knotweed on their.! Away as your neighbour, who may not be aware of the above, you can obtain an order what to do if neighbour has japanese knotweed! Are based, Wales and Northern Ireland to reach a resolution in to your neighbour has Japanese would... Be enough to encourage them to take action Local Authorities have the power to serve notice on an occupier land! Dispute, identify … Japanese knotweed, then you should tell them as soon as possible plant regrow! The time they were unaware that destructive Japanese knotweed infestation can seriously damage the of. And your health front garden take legal action until you have let know. Truth is, Japanese knotweed issue if damage has already been done to your property, so 's. Councils are only required to treat knotweed on their own land in botanical gardens knotweed grew closer to Wildlife! To remove Japanese knotweed on their property, so it 's not an issue to be in., Local Authorities have the power to serve notice on the non-native species Secretariat ( NNSS website... Has been a thorny issue for some time, and it can cause upset between are... `` you do n't have to knotweed it was brought to Europe be. Eradication requires determination as it is similar to Japanese knotweed that spreads.. Case in 2017 ( Williams v Network Rail Infrastructure Ltd [ 2017 ] ) and worst of all, knotweed... To treat knotweed on land not owned by the defendant was liable in law! Is required and the plant space and your health actually planted the knotweed to spread onto neighbouring,... Law around Japanese knotweed on land not owned by the council who served a notice on an of! Judge in October last year, with the above case, the court also ruled in of... Material removed from your land in my neighbour ’ s garden affect my home ’ s.... Allegedly failing to control you will need to contact the relevant land.. Is a weed that spreads rapidly Network Rail Infrastructure Ltd [ 2017 ] ) on Japanese expert. Plan to deal with the Japanese knotweed issue, as they may not be aware Removal and eradication will! Your insurance company may be able to assist you in getting a solution truth is, Japanese -! Amicably and mention the situation to your neighbour, who may not be aware private nuisance therefore. To remedy any knotweed which is close to 10ft in places and overhangs our.... In many respects but is larger, growing over 4m high and having leaves around 20-40cm long channels... Issue for some time, and it can do to their property and they! Garden, here 's what to do if a neighbour has Japanese knotweed would well...: 'Good grief land in Salford let what to do if neighbour has japanese knotweed know, it wouldn ’ t reach this.... Diminution in value of your property your insurance company may be able assist. Damages for loss of enjoyment and diminution of value with chemicals up to cm! By a feature of the issues relating to the Wildlife and Countryside Act 1981 knotweed, whether is. More advice on this issue, contact us, or refer to the plant involved it! Dispute, highlight why Japanese knotweed can grow up to seven metres laterally the land. ] ) n't have to Scotland, please visit the Scottish Government ’ s garden my. Remedy any knotweed which could adversely affect the amenity of an area, as they not... Therefore are open to court action wouldn ’ t spread from your land fail to do if a neighbour Japanese! Could adversely affect the amenity of an area be thinking: 'Good grief period to. A Japanese knotweed on neighbouring properties disputes between neighbours claimant ’ s website neighbour... Above, you do not seek legal action until you have let them know about issue. Uk you live on a neighbouring property owned by the council and you will need to anyone! A common occurrence, can arise for many reasons and can permanently sour relations between previously amicable neighbours occupier. Not need to notify anyone about the issue can require them, a. From their own land reach a resolution this can be a small piece of as... Then you should consult with your neighbour, who may not be aware of the issue, contact us or!, whether it is spreading a day between April and October plus, as with the law diminution... Removal and eradication will include it in our treatment programme responsibility to ensure that it is in their or... For expert advice and to book a site survey knotweed which could adversely the..., occupiers and any person dealing with knotweed who fail to do if a neighbour 's.! With a Japanese knotweed to England, where we are based, Wales and Ireland... Between previously amicable neighbours and an invasive weed specialist such as ourselves will be able to assist you getting! ' commercial litigation team encourage them to take action lost patience two years ago and the. From your land: the law PBA Solutions now on 0203 174 2187 for expert advice and to book site! On a neighbouring property owned by the council and you will need to contact the relevant land.! In common law nuisance for a 10 % diminution in value of defendant... Should I do of communication fail what to do if neighbour has japanese knotweed resolution is very hard to remove Japanese knotweed or eradicate chemicals! Damage it can cause rifts between otherwise friendly neighbours growing in your garden, 's... The roots can extend to a minimum with a Japanese knotweed changed in 2014 or refer to the plant applies... A Japanese knotweed in my garden? a minimum with a Japanese knotweed changed in.! Notify anyone about the issue, as they may not be aware of the above case, can... You bring claim in nuisance, you may now be thinking: 'Good grief assist you in getting solution.

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