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 … Where neighbouring property has Japanese Knotweed, it is a good idea to contact the owner to alert them to the presence of Japanese Knotweed. “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. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! What happens if my neighbour has Japanese knotweed? . Do … 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. 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. What followed was a 15-year dispute between the neighbours as the knotweed grew closer to the claimant’s land. 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 neighbour has recently discovered Japanese knotweed growing in their garden. We know this can be a problem, but we can't afford not to sell. You do not have to treat Japanese knotweed if you find it on your property. Japanese Knotweed in neighbours garden. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. The truth is, Japanese knotweed can cost you money, space and your health. 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. 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! OakHouse Professional. This interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. The links we've given do have information about knotweed on neighbouring properties. 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. This should be … If you suspect your neighbour has Japanese knotweed next door, quick action can lead to an effective solution and … Any owner or occupier dealing with Japanese knotweed would be well advised to seek specialist help. Q My boyfriend and I purchased a house in east London this year. See also: My neighbour has Japanese knotweed - what should I do? 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
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. Failure to abide by this or to properly dispose of the knotweed (such as discarding it in the wild) can lead to criminal liabilities. If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. Furthermore Japanese Knotweed is not cited under any legislation requiring it to be notified. Chris Langford is a Trainee Solicitor within Berwins' commercial litigation team. 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. You can report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. 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. 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 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. 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. 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. What happens if my neighbour has Japanese knotweed? 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. 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. However, you do have a responsibility to ensure that it doesn’t spread from your land to adjacent property. If they … 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 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. Japanese Knotweed Encroachment. It is similar to Japanese knotweed in many respects but is larger, growing over 4m high and having leaves around 20-40cm long. 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. The law around Japanese Knotweed changed in 2014. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. If damage has already been done to your property your insurance company may be able to help and they may offer legal advice too. In this case, the Court also ruled in favour of the claimants. What are the implications of this for my property?A Japanese knotweed is an invasive plant species, not native to the Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. reallymoving comment: The law around Japanese Knotweed changed in 2014. In addition, Local Authorities have the power to serve notice on an occupier of land containing knotweed. A neighbour has Japanese knotweed in the front garden. Neighbour’s Japanese Knotweed Has Caused My Floor To Fall In But I Don’t Want To Litigate (Wales) Civil Issues. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. 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. Does Japanese knotweed in my neighbour’s garden affect my home’s value? 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. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. 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. Powered by WordPress Yes you can take action against your neighbour (though discussing and being reasonable about this is a preferred option) and yes – you can make them pay to get the plant removed. If you are concerned about Japanese Knotweed on land in Salford let us know. Japanese knotweed monitoring programmes. At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). Without causing a dispute, highlight why Japanese knotweed is a problem. Where it is on land owned by the council, we will include it in our treatment programme. 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. We do not treat knotweed on land not owned by the council and you will need to contact the relevant land owner. All rights reserved. What you can do if a neighbour's bonfire is annoying you; Has it ever gone to court? However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. They found knotweed was an actionable nuisance before it caused physical damage on neighbouring land because of the harmful effect on the land’s value. England with number 06874412 at 2 North Park Road Harrogate HG1 5PA and
There's no-one to report it to. Report Japanese Knotweed. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. Designed by Am I liable? damages for loss of enjoyment and diminution of value. 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. 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. Plus, as with the above case, it can cause upset between neighbours! Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. & Japanese Knotweed Expert – Japanese Knotweed Removal and Eradication Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. What to do if your neighbour’s land has Japanese Knotweed? This information applies to England, where we are based, Wales and Northern Ireland. Take a look at our step-by-step guide for what to do next. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. It held that the defendant was liable in common law nuisance for a 10% diminution in value of the claimants' property. Several actions can be taken if the normal neighbourly channels of communication fail. 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. An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. Do not take legal action until you have let them know about the issue, as they may not be aware. But Japanese knotweed is no ordinary plant. This also includes responsibilities for the proper disposal of any Japanese knotweed material removed from your land. 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 … 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. 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. If your neighbour has Japanese knotweed on their property, they are under no legal obligation to remove Japanese knotweed from their own property. The roots can extend to a depth of three metres and up to seven metres laterally. 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. Notify your neighbours about Japanese Knotweed. Physical damage to buildings and land. For information for Scotland, please visit the Scottish Government’s website. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. We are pretty sure that Japanese knotweed has encroached from our neighbour's land. If you have Japanese growing in your garden, here's what to know: How to recognise Japanese knotweed . 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. This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. Most surveyors are now aware of the problems with Japanese Knotweed and much of the hysteria has calmed down meaning that common sense and careful management of the issues can resolve any potential for conflict. What to do if neighbour has Japanese knotweed. This is called diminution of value. 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. 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