The final step would be a small claims court but ideally, it wouldn’t reach this stage. What to do if a neighbour has Japanese knotweed? 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. 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. If even a small piece of root is left in the ground, it can quickly re-infest the 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. The decision follows a similar case in 2017 (Williams v Network Rail Infrastructure Ltd [2017]). 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. You should consult with your neighbour about how they plan to deal with the Japanese knotweed issue. What to do if your neighbour has Japanese knotweed? If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. The neighbour hasn't committed a legal offense unless they actually planted the knotweed. Local councils are subject to the same knotweed laws as any other organisation, therefore they are prohibited to allow Japanese knotweed … What to do if neighbour 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. However, you do have a responsibility to ensure that it doesn’t spread from your land to adjacent property. For information for Scotland, please visit the Scottish Government’s website. 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. A root barrier membrane can also be used to encapsulate Japanese Knotweed where space does not allow burial. The claimants, (Mr and Mrs Smith) purchased a seaside property 15 years ago. . We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. This should be enough to encourage them to take action. 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. Send us some photos of the suspected Japanese knotweed, and we will identify the plant for you, let us put your mind at ease. Take a look at our step-by-step guide for what to do next. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. What happens if my neighbour has Japanese knotweed? However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. Do not seek legal action straight away as your neighbour may not be aware of the issue. Physical damage to buildings and land. It could be that they haven’t identified the Japanese Knotweed … If you are experiencing problems relating to Japanese knotweed on neighbouring land, we can help. This should be … “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. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. A neighbour has Japanese knotweed in the front garden. Ask … We know this can be a problem, but we can't afford not to sell. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. 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. But Japanese knotweed is no ordinary plant. This is called diminution of value. All rights reserved. Don't spend money that you don't have to. reallymoving comment: The law around Japanese Knotweed changed in 2014. 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. Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. Network Rail is appealing this decision. What's the big deal? 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. If your neighbour has Japanese knotweed on their property, they are under no legal obligation to remove Japanese knotweed from their own property. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. Report Japanese Knotweed. damages for loss of enjoyment and diminution of value. This interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! 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 … Do not take legal action until you have let them know about the issue, as they may not be aware. Disputes between neighbours are a common occurrence, can arise for many reasons and can permanently sour relations between previously amicable neighbours. 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 We are pretty sure that Japanese knotweed has encroached from our neighbour's land. If you bring claim in nuisance, you can obtain an order making them carry out a treatment programme. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. Designed by However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. Keep potential knotweed drama to a minimum with a Japanese knotweed monitoring programme from Taylor Total Weed Control. Having read all of the above, you may now be thinking: 'Good grief! 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 report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. It has also escaped into the wild where it is spreading. Whilst cautious not to cause a dispute, identify … The links we've given do have information about knotweed on neighbouring properties. Japanese Knotweed in neighbours garden. 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 you suspect your neighbour has Japanese knotweed next door, quick action can lead to an effective solution and … Japanese Knotweed Expert – Japanese Knotweed Removal and Eradication 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. This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. 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. 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 … In short, if it can be proved that the knotweed growing stemmed from an adjoining property, that homeowner … Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. 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. Powered by WordPress 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. Japanese Knotweed can grow up to 10 cm a day between April and October. 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. If there is a general reluctance, it is important to make your case clear and the list … 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. Several actions can be taken if the normal neighbourly channels of communication fail. 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. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. The short answer is no. 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 … What are the implications of this for my property?A Japanese knotweed is an invasive plant species, not native to the 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 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. 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. Councils are only required to treat Knotweed on their own land. They are not next door, but we … 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 … In addition, Local Authorities have the power to serve notice on an occupier of land containing knotweed. The court ruled in favour of the claimants. See also: My neighbour has Japanese knotweed - what should I do? If you are successful in bringing a Nuisance Claim against a defendant, … & 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. Where neighbouring property has Japanese Knotweed, it is a good idea to contact the owner to alert them to the presence of Japanese Knotweed. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. 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. Without causing a dispute, highlight why Japanese knotweed is a problem. It is similar to Japanese knotweed in many respects but is larger, growing over 4m high and having leaves around 20-40cm long. 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! 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. We finally lost patience two years ago and reported the issue to the council who served a notice on the owner. 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. England with number 06874412 at 2 North Park Road Harrogate HG1 5PA and 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. Ask if they could seek professional advice for the problem. 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. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. 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. Notify your neighbours about Japanese Knotweed. In this case, the Court also ruled in favour of the claimants. 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 … 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. What happens if my neighbour has Japanese knotweed? At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). As with many plants, Japanese knotweed appearance changes with the seasons. Where it is on land owned by the council, we will include it in our treatment programme. We do not treat knotweed on land not owned by the council and you will need to contact the relevant land owner. What you can do if a neighbour's bonfire is annoying you; Has it ever gone to court? 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. If your neighbour has Japanese knotweed, then you should tell them as soon as possible. As with Japanese knotweed it was brought to Europe to be grown in botanical gardens. What to do if your neighbour’s land has Japanese Knotweed? 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 The law around Japanese Knotweed changed in 2014. What should I do if my neighbour has Japanese Knotweed? 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. This information applies to England, where we are based, Wales and Northern Ireland. You do not have to treat Japanese knotweed if you find it on your property. 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. Who cares whether or not there's a specific type of plant in my garden?' Do … 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. 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. Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. So could you provide your neighbour with an incentive get the Knotweed removed? 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 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. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. Copyright ©2020 Furthermore Japanese Knotweed is not cited under any legislation requiring it to be notified. The law on Japanese knotweed differs depending on whereabouts in the UK you live. 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 you have Japanese growing in your garden, here's what to know: How to recognise Japanese knotweed . 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