The garden is around 40ft wide and overgrown with trees , brambles , ivy ( which has destroyed a significant number of fence panels) and worst of all, Japanese knotweed which is close to 10ft in places and overhangs our garden. There are things you can do, and we can help you do them. This information applies to England, where we are based, Wales and Northern Ireland. 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 treatment protocol we follow here at Japanese Knotweed Expert is detailed below. If you are concerned about Japanese Knotweed on land in Salford let us know. 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 was brought to the United Kingdom in the 19th century after the plant was discovered in Japan growing on the side of volcanoes. What followed was a 15-year dispute between the neighbours as the knotweed grew closer to the claimant’s land. . 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. As well as claiming compensation it may also be possible for you to compel your neighbour to take steps to control the future spread of the plant and to ensure the situation does not get any worse. 510280. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. The truth is, Japanese knotweed can cost you money, space and your health. Japanese knotweed monitoring programmes. If you are transporting Japanese Knotweed waste you need a Waste Carrier’s license. What should I do if my neighbour has Japanese Knotweed? What if Japanese knotweed encroaches on your land? Disputes between neighbours are a common occurrence, can arise for many reasons and can permanently sour relations between previously amicable neighbours. Excavation can be carried out year-round, if the location of the weed has been established. At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). Industries & Japanese Knotweed Covering the entirety of England and Wales, we pride ourselves on our professionalism and reliability. Does Japanese knotweed in my neighbour’s garden affect my home’s value? Chris Langford is a Trainee Solicitor within Berwins' commercial litigation team. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. 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. 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 boundary line. VAT No 613 3482 62, The legal implications of Japanese Knotweed in a neighbour's garden. The story you just linked to talks about proposed changes to the law - … All rights reserved. You do not have to remove Japanese knotweed from your land, but you could be prosecuted or given a community protection notice for causing a nuisance if … An individual/organisation can be liable for allowing nuisance to continue even if he/it did not create it and came after it was established. A collaborative approach is by far the best way to deal with the matter and any costs to be shared. 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”. It is not a crime to have Japanese knotweed on your property; however, if the knotweed spreads to your land, you may be able to take legal action against your neighbour for creating a nuisance. Japanese Knotweed can grow up to ten cm per day, with roots growing out in a seven-metre radius, meaning it can quickly spread from one garden to another, infesting whole areas. However, it can be beneficial for both parties if the problem is dealt with way before it reaches this stage. Your landlord may want to take civil legal action against them if they are allowing it to spread on to his/her property. There is a responsibility on a land owner to prevent Japanese knotweed spreading onto other properties but there is no aspect of law that requires the physical removal of Japanese knotweed from an infested site. They will then be able to advise of any recommendations they may have with regards to your property. If damage has already been done to your property your insurance company may be able to help and they may offer legal advice too. A common occurrence is where the Japanese knotweed on your property extends into the next door neighbour’s plot or your property is free of the weed but it is within 7m of a boundary on adjacent 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. The government states "You do not need to notify anyone about the invasive plants on your land. 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. If even a small piece of root is left in the ground, it can quickly re-infest the land. Letting Japanese Knotweed spread to private lands, such as your neighbour’s garden can also land you in hot water too. Do not take legal action until you have let them know about the issue, as they may not be aware. 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. 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 states: "You must dispose of Japanese knotweed waste off-site by transferring it to a disposal facility that’s permitted, e.g. damages for loss of enjoyment and diminution of value. Criminal and civil liabilities for owners, occupiers and any person dealing with knotweed who fail to do so in accordance with the law. 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. Where neighbouring property has Japanese Knotweed, it is a good idea to contact the owner to alert them to the presence of Japanese Knotweed. In addition, Local Authorities have the power to serve notice on an occupier of land containing knotweed. Powered by WordPress 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. Japanese knotweed is a plant that can tear through people's houses destroying their homes. If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. We do not treat knotweed on land not owned by the council and you will need to contact the relevant land owner. What to do if a neighbour has Japanese knotweed? How do lenders judge the severity or risk of Japanese knotweed? 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 interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. Disposal of Japanese Knotweed. So we hold ourselves to high standards in everything that we do. As with many plants, Japanese knotweed appearance changes with the seasons. The claimants, (Mr and Mrs Smith) purchased a seaside property 15 years ago. This should be enough to encourage them to take action. When knotweed has encroached from a neighbouring property. Speak to an expert today Solicitors Click For More Information Surveyors Click For […] Knotweed nuisance. What to do if your neighbour has Japanese knotweed? 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. 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. The buyer pulled out after the survey revealed there was Japanese knotweed in the next door neighbour’s garden, meaning they could not secure a mortgage. Send us some photos of the suspected Japanese knotweed, and we will identify the plant for you, let us put your mind at ease. Whilst they are permitted to have Japanese Knotweed on their land they must ensure that it … Japanese Knotweed removal – what not to 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. The final step would be a small claims court but ideally, it wouldn’t reach this stage. 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. OakHouse Professional. In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers. The short answer is no. Neighbour’s Japanese Knotweed Has Caused My Floor To Fall In But I Don’t Want To Litigate (Wales) Civil Issues 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. Any cut Japanese Knotweed material and soil that contain rhizomes must be disposed of as a controlled waste. In this case, the Court also ruled in favour of the claimants. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. 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. 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. 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. 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. The TA6 form's Japanese knotweed question was revised in February 2020. If you are experiencing problems relating to Japanese knotweed on neighbouring land, we can help. 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 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 … The short answer is no. 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. 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. The decision follows a similar case in 2017 (Williams v Network Rail Infrastructure Ltd [2017]). Judges ruled in favour of two householders whose properties … Japanese knotweed is a fast growing and hardy plant which can be incredibly invasive and can even grow through concrete, causing significant damage to land and buildings. 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. England with number 06874412 at 2 North Park Road Harrogate HG1 5PA and
Discovering you’ve got Japanese knotweed in your garden can be worrying. The Government website has guidance called "Prevent Japanese knotweed from spreading". You will essentially be making a private nuisance claim against your neighbour and the cost of taking such action must be considered. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. a landfill site that has the right environmental permit." 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. 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. July 2018 – Court of Appeal rules that landowners can be entitled to damages for 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 … If you bring claim in nuisance, you can obtain an order making them carry out a treatment programme. Any owner or occupier dealing with Japanese knotweed would be well advised to seek specialist help. 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. Failure to abide by this or to properly dispose of the knotweed (such as discarding it in the wild) can lead to criminal liabilities. The neighbour could then issue private nuisance proceedings in the Civil Courts for: damages for loss of enjoyment and diminution of value; The law around Japanese Knotweed changed in 2014. Ask if they could seek professional advice for the problem. The treatment protocol we follow here at Japanese Knotweed Expert is detailed below. Japanese knotweed is a weed that can grow to over two metres high and spread rapidly. 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. 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.. ... (TA6) and one of the questions within this is whether the property has Japanese knotweed. If your neighbour has allowed Japanese Knotweed to encroach onto your land, you may be able to open legal proceedings against them. An individual/organisation can be liable for allowing nuisance to continue even if he/it did not create it and came after it was established. 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. What to do if your neighbour’s land has Japanese Knotweed? Japanese Knotweed Expert – Japanese Knotweed Removal and Eradication An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. 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. What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. For information for Scotland, please visit the Scottish Government’s website. 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. Even in cases where no actual physical damage has been caused, the court … Japanese knotweed is a hotly debated topic in Parliament, within the property industry and in the courts, however, positive identification of the plant is required before any legal action is started. However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. When knotweed has encroached from a neighbouring property. 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. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. 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. If your neighbour has Japanese knotweed on their property, they are under no legal obligation to remove Japanese knotweed from their own property. Where it is on land owned by the council, we will include it in our treatment programme. If the Knotweed is on your land then the responsibility to treat it is yours, if the Knotweed is on a neighbour’s land then discuss the situation with them sooner rather than later. However, where knotweed spreads from one property to another or Japanese knotweed on neighbouring land interferes with your property rights, the relevant law is that of private nuisance. Fallopia japonica, commonly known as Japanese knotweed, is a large, herbaceous plant native to Eastern Asia in Japan, China and Korea. Once the cut stems come into contact with soil or water, they can form a new growth within 10 days. The neighbour hasn't committed a legal offense unless they actually planted the knotweed. You know it’s not a good thing, but what should you do? 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. Failing to disclose the presence of Japanese knotweed could land the seller in court for misrepresentation, so honesty is by far the best policy. 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. You should consult with your neighbour about how they plan to deal with the Japanese knotweed issue. 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
You may feel aggrieved by the situation, but physical Japanese knotweed removal is beyond the call of duty from a vendor’s standpoint. This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. If Japanese knotweed from neighbouring land has encroached onto your property then you should seek legal advice about your rights of redress. In truth, the best way to treat Japanese knotweed is to employ a firm that specialises in the eradication of this pernicious plant. To see just how fast Japanese Knotweed spreads, here is a time-lapse video of Japanese Knotweed growth. There is no industry-wide standard, though the Royal Institution of Chartered Surveyors (RICS) has five categories, and these broadly fit into how lenders view your knotweed problem, each rising in severity. Type of removal service Unit of cost Finding Japanese knotweed on your property can be a nightmare.So, for everything you need to know about the pesky plant, read on…. Network Rail is appealing this decision. Excavation can be carried out year-round, if the location of the weed has been established. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. Japanese Knotweed can grow up to 10 cm a day between April and October. First, you’ll need to arrange selling with a specialist conveyancing solicitor in Oxford, London, Manchester or wherever you live. Don't spend money that you don't have to. Failure to show the license you can be issued with a Fixed Penalty Notice of £300. The seller has … authorised and regulated by the Solicitors Regulation Authority number
Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. What if your neighbour has Japanese Knotweed? 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. 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. Our purpose is to make a positive difference to the lives of our clients and colleague. Physical damage to buildings and land. 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. A neighbour has Japanese knotweed in the front garden. Just as big a worry for many home-owners is the discovery that your neighbour has Japanese knotweed on his or her property, and refuses to do … The short answer is no. 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. Am I Liable If My Neighbour Has Japanese Knotweed? Take a look at our step-by-step guide for what to do next. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! Without causing a dispute, highlight why Japanese knotweed is a problem. If you’re in the process of selling your home, there will be plenty of items to tick off your checklist. 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. 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. 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. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. Knotweed nuisance. This means that they must be taken to a licensed landfill site. 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. HOMEOWNERS will be able to sue neighbours if ‘damaging’ Japanese knotweed grows onto their land following a landmark ruling. Finally a qualified surveyor who is a member of the RICS can assess the impact of Knotweed infestation on value of the property. Start amicably and mention the situation to your neighbour, who may not be aware of the issues relating to the plant. The law on Japanese knotweed differs depending on whereabouts in the UK you live. Plus, as with the above case, it can cause upset between neighbours! Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. Am I liable? The first thing is not to panic. The short answer is no. However, if the knotweed starts to encroach onto your land, you usually have a legal claim in private nuisance to get damages (also known as compensation). 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. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. They are not next door, but we are concerned that it may spread and damage our Q My boyfriend and I purchased a house in east London this year. July 2018 – Court of Appeal rules that landowners can be entitled to damages for 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. 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. 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. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. 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. Copyright ©2020 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 court ruled in favour of the claimants. A root barrier membrane can also be used to encapsulate Japanese Knotweed where space does not allow burial. We finally lost patience two years ago and reported the issue to the council who served a notice on the owner. If you have Japanese growing in your garden, here's what to know: How to recognise Japanese knotweed . If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. Reporting Japanese knotweed on your neighbours’ land to local authorities is a positive step towards stopping the plant from entering your land, however, it should only be done if you have first formally told your neighbours of the infestation. What to do if a neighbour has Japanese knotweed? & Each lender is different and may have their own criteria. The case went before a Judge in October last year, with the ruling being published this month. Garden centres will happily sell you Japanese knotweed sprays and weed killers but, unless used properly, these can be just as hopeless as trying to dig the plant up or cutting it back. Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. 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. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. 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. Am I liable? What to do if you believe your neighbours have Japanese knotweed growing on their property If you believe that your neighbours have Japanese knotweed growing in their garden and that it has spread, or there is a risk of it spreading to your garden, you should try and speak with them in the first instance. Report Japanese Knotweed. Here at Japanese Knotweed Specialists, we like to keep people informed, hence this Japanese knotweed information blog. 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