what to do if neighbour has japanese knotweed

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. If you are successful in bringing a Nuisance Claim against a defendant, … Having read all of the above, you may now be thinking: 'Good grief! What should I do if my 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 spread from the neighbouring property to his own, and that this had reduced the value of their home by £50,000 (10%) – he won! See also: My neighbour has Japanese knotweed - what should I do? Physical damage to buildings and land. Don't spend money that you don't have to. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. But Japanese knotweed is no ordinary plant. 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 law on Japanese knotweed differs depending on whereabouts in the UK you live. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. 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. 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. reallymoving comment: The law around Japanese Knotweed changed in 2014. If damage has already been done to your property your insurance company may be able to help and they may offer legal advice too. This should be enough to encourage them to take action. 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’. Plus, as with the above case, it can cause upset between neighbours! Japanese Knotweed Encroachment. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. 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. 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. The short answer is no. We do not treat knotweed on land not owned by the council and you will need to contact the relevant land owner. Am I liable? What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. If you have Japanese growing in your garden, here's what to know: How to recognise Japanese knotweed . This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. 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. Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. Do not take legal action until you have let them know about the issue, as they may not be aware. . 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 … This is called diminution of value. OakHouse Professional. Ask if they could seek professional advice for the problem. 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 If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. 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. What's the big deal? ... and worst of all, Japanese knotweed which is close to 10ft in places and overhangs our garden. Any owner or occupier dealing with Japanese knotweed would be well advised to seek specialist help. 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. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. 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. If they … This should be … The law around Japanese Knotweed changed in 2014. 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. 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 links we've given do have information about knotweed on neighbouring properties. It has also escaped into the wild where it is spreading. You do not have to treat Japanese knotweed if you find it on your property. 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. 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 there is a general reluctance, it is important to make your case clear and the list … 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. Ask … 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. 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 held that the defendant was liable in common law nuisance for a 10% diminution in value of the claimants' property. We finally lost patience two years ago and reported the issue to the council who served a notice on the owner. As with Japanese knotweed it was brought to Europe to be grown in botanical gardens. The final step would be a small claims court but ideally, it wouldn’t reach this stage. “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. What followed was a 15-year dispute between the neighbours as the knotweed grew closer to the claimant’s land. If you are experiencing problems relating to Japanese knotweed on neighbouring land, we can help. The neighbour hasn't committed a legal offense unless they actually planted the knotweed. What happens if my 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 suspect your neighbour has Japanese knotweed next door, quick action can lead to an effective solution and … The truth is, Japanese knotweed can cost you money, space and your health. Keep potential knotweed drama to a minimum with a Japanese knotweed monitoring programme from Taylor Total Weed Control. This interference was caused by a feature of the defendant’s land, the knotweed that she was allegedly failing to control. England with number 06874412 at 2 North Park Road Harrogate HG1 5PA and 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. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. There's no-one to report it to. What happens if my neighbour has Japanese knotweed? Several actions can be taken if the normal neighbourly channels of communication fail. Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. It is similar to Japanese knotweed in many respects but is larger, growing over 4m high and having leaves around 20-40cm long. Local councils only get involved if it's growing on their land. The government states "You do not need to notify anyone about the invasive plants on your land. 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. 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 … However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. What to do if your neighbour has Japanese knotweed? 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. Without causing a dispute, highlight why Japanese knotweed is a problem. 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. A root barrier membrane can also be used to encapsulate Japanese Knotweed where space does not allow burial. The decision follows a similar case in 2017 (Williams v Network Rail Infrastructure Ltd [2017]). 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 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 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. 510280. Local councils are subject to the same knotweed laws as any other organisation, therefore they are prohibited to allow Japanese knotweed … We are pretty sure that Japanese knotweed has encroached from our neighbour's land. What are the implications of this for my property?A Japanese knotweed is an invasive plant species, not native to the VAT No 613 3482 62, The legal implications of Japanese Knotweed in a neighbour's garden. The roots can extend to a depth of three metres and up to seven metres laterally. Take a look at our step-by-step guide for what to do next. Where neighbouring property has Japanese Knotweed, it is a good idea to contact the owner to alert them to the presence of Japanese Knotweed. Failure to abide by this or to properly dispose of the knotweed (such as discarding it in the wild) can lead to criminal liabilities. 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. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. What to do if a neighbour has Japanese knotweed? If even a small piece of root is left in the ground, it can quickly re-infest the land. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. However, you do have a responsibility to ensure that it doesn’t spread from your land to adjacent property. Designed by If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. In this case, the Court also ruled in favour of the claimants. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. 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. Japanese knotweed infestation can seriously damage the value of your property, so it's not an issue to be taken lightly. 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. You can report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! 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. Furthermore Japanese Knotweed is not cited under any legislation requiring it to be notified. 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 … Disputes between neighbours are a common occurrence, can arise for many reasons and can permanently sour relations between previously amicable neighbours. 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. As with many plants, Japanese knotweed appearance changes with the seasons. Do not take legal action until you have let them know about the issue, as they may not be aware. 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. If you are concerned about Japanese Knotweed on land in Salford let us know. What if Japanese knotweed encroaches on your land? 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 … What to do if neighbour has Japanese knotweed. Q My boyfriend and I purchased a house in east London this year. Who cares whether or not there's a specific type of plant in my garden?' At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). 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. 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. They are not next door, but we … Network Rail is appealing this decision. Notify your neighbours about Japanese Knotweed. Q My neighbour has recently discovered Japanese knotweed growing in their garden. Do … This has been a thorny issue for some time, and it can cause rifts between otherwise friendly neighbours. The claimants, (Mr and Mrs Smith) purchased a seaside property 15 years ago. Japanese knotweed monitoring programmes. Does Japanese knotweed in my neighbour’s garden affect my home’s value? What to do if your neighbour’s land has Japanese Knotweed? Where it is on land owned by the council, we will include it in our treatment programme. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. 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. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. This also includes responsibilities for the proper disposal of any Japanese knotweed material removed from your land. Start amicably and mention the situation to your neighbour, who may not be aware of the issues relating to the plant. & Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. 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. 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 your neighbour has Japanese knotweed, then you should tell them as soon as possible. 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 you can do if a neighbour's bonfire is annoying you; Has it ever gone to court? Japanese Knotweed can grow up to 10 cm a day between April and October. Send us some photos of the suspected Japanese knotweed, and we will identify the plant for you, let us put your mind at ease. Report 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. Japanese Knotweed in neighbours garden. 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