Japanese Knotweed Claims. This Act governs the disposal of controlled waste, such as Japanese knotweed. If you’re planning on digging up and removing your knotweed manually then you’ll need to adhere to the aforementioned waste legislations laid out in the Environment Protection Act 1990 and the Wildlife and Countryside Act 1984. You can identify it as there is a growth pattern of one stem per node, which forms a zig-zag stem growth pattern. If it has a "detrimental effect of a persistent or continuing nature on the quality of life of those in the locality", the legislation could be used to enforce its control and property owners may be prosecuted The Environment Protection Act 1990; The Environment Agency - Code of Practice The Wildlife and Countryside Act … 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.. Japanese Knotweed. The law regarding the disposal of Japanese Knotweed. Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. Japanese knotweed arrived in the UK in 1850, Japanese knotweed anti-social behaviour law, Environmental Protection Act 1990 (EPA 1990), How to tell if you have Japanese knotweed. Breach of any requirement of a community protection notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice. Yet, Japanese Knotweed’s extraordinary powers of growth (the weed can grow 20cm in one day) and ability to penetrate concrete have caused havoc for property owners and the foundations of their homes. The EPA 1990 is supported by the Wildlife and Countryside Act 1981 which states that ‘if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence’. Now considered one of the country's leading litigators in Japanese knotweed law he works alongside the country’s top barristers and experts. To bring a successful claim, the claimant needs to demonstrate that the knotweed originated from the adjoining land, and that the knotweed is causing the claimant owner “nuisance”. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. How Japanese Knotweed Affects House Insurance: Are You Covered? The TA6 form's Japanese knotweed question was revised in February 2020. Specialist Japanese Knotweed solicitors are the best way to make an effective claim against a neighbour or property surveyor. You can bury Japanese knotweed at the site it’s produced as long as you: bury it at a depth of at least 5 metres. A private nuisance is an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership … Japanese knotweed arrived in the UK in 1850, and since then has spread throughout most of the country. 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 serious legal risks inherent with having Japanese knotweed growing on your land so it’s best to get a handle on it sooner rather than later, otherwise you may find yourself at the receiving end of a fine. Our solicitors are some of the leading experts in Japanese Knotweed Claims, as such we have been asked to advise the Government on the issues arising out of these complex cases. You should thoroughly inspect your vehicle after moving Japanese knotweed waste with it, this includes brushing down the body, jet-washing tyres and ensuring that there are no remains of the plant trapped within the vehicle. The Law. To help you take this further we can undertake a specialist survey of the knotweed. The law regarding the disposal of Japanese Knotweed. even exotically ? There is no legal stipulation to clear Japanese knotweed from one’s land however, if the plant is allowed to spread from your land onto a neighbouring property then you will be responsible for clearing that infestation. Japanese Knotweed is one of a number of invasive weeds which are controlled by the Wildlife and Countryside Act 1981. Both the Police and local authorities have enforcement functions under the Act. If you do not remove every last trace of knotweed, it can grow back and spread even further. It is therefore important that you put your neighbour(s) on notice in writing as soon as you become aware of encroachment and that you state what action you require the landowner to take and by when. Japanese Knotweed UK law. Although it is illegal to allow the plant to spread outside of your land, you are not required to declare the presence of Japanese knotweed to your neighbours or the local authorities. Japanese Knotweed is innocuously ? This hardy, invasive plant can grow rapidly throughout the warmer months, and then die back in winter, remaining dormant underground in a network of rhizomes, before emerging to spread even further. E   southampton@knotweed.co.uk, Ivy Business Centre, Japanese knotweed crown and rhizomes (which make up the roots of the plant) can survive burning. Despite the dangers of Japanese knotweed being well publicised, it’s still the case that landowners turn a blind eye when they have an infestation on their property. 269 Field End Road, Network Rail (2019) provides the answers to these issues. It is […] There is a reported lack of awareness of the legal responsibility of homeowners to prevent knotweed from spreading, with only 36% knowing they could be sued and just 18% aware they could face prosecution. Failure to do so could lead to unwanted disputes, substantial fines, or even imprisonment. If it can be proven that the knotweed has entered from a neighbouring property then you should be able to claim for the costs of the removal of the plant. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. Knotweed removal – typically £1,000 – £3,000+ Loss of property value / land utility / amenity – typically £10,000 – £20,000 + Complainants who are using a law firm … Our team of field technicians have the relevant qualifications and experience to treat Japanese knotweed in a professional and legally compliant manner. Williams. You can report those not abiding by these practices to your local authority. Published 24 July 2018. Japanese Knotweed. Can you spray Japanese knotweed with chemicals? Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981). Under the Act a Community Protection Notice (CPN) can be used to require someone to control or prevent the growth of Japanese knotweed or other plants that are capable of causing serious problems to communities. Even after herbicide treatment has “eradicated” the aerial and surface growth, the deep underground rhizomes can remain in a viable state and may do so for up to twenty years. Japanese Knotweed is on the rise across Northern Ireland, an invasive non-native weed, it is known for spreading rapidly and is strong enough to break concrete. Japanese Knotweed Law and Legislation is there to protect our environment and individual properties. A request, via an enquiry, is likely to be made for further information and perhaps a specialist knotweed survey. Japanese, Giant and Hybrid Knotweed all appear in that Schedule. My surveyor missed the Japanese knotweed – can I do anything about it? This result proves that turning a blind eye to your knotweed problem is not a good idea, especially when it is threatening to leave the confines of your land. The leaves are of a mid-green colour and are almost in the shape of a heart, having a straight back edge. named but can prove to be a persistent and costly problem if it is found on your land. Whilst it's tempting not to declare certain information which might put prospective buyers off, honesty is always the best policy because you run the risk of being sued in the future if the information you provide is intentionally misguiding. Learn more. Burying waste at a depth of at least 5 metres and then covering the remains with a root barrier membrane layer is advised. What should I do? The best way of doing this is by getting a professional evaluation of the Japanese knotweed. Whilst removing Japanese knotweed yourself is legal, it is incredibly difficult to do so thoroughly. Read more about the Environmental Protection Act 1990. Yet, Japanese Knotweed’s extraordinary powers of growth (the weed can grow 20cm in one day) and ability to penetrate concrete have caused havoc for property owners and the foundations of their homes. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. Related: What Does Japanese knotweed Really Do? As well as the various offences a landowner could face under criminal law, detailed above, a landowner could also be subject to a common law claim by a third party if japanese knotweed on the land concerned has caused damage to, or loss of enjoyment of, the third party's property. The effect is the same: the presence of Japanese Knotweed amounts to an interference with quiet enjoyment and … Schedule 9 to the Wildlife and Countryside Act 1981 lists certain plants that have become established in the wild in Great Britain but which the law seeks to prevent spreading further. There are many legal factors affecting the disposal of Japanese Knotweed. The Law on Japanese Knotweed is shaped by. Can You Build On Land With Japanese knotweed? Japanese knotweed sketchbook study. If Japanese knotweed spreads from one property to another the relevant law is that of private nuisance. However, frontline professionals can stop or prevent any behaviour that meets the legal test in the powers. This means if you cut back knotweed or dig it up and take it to your local waste and recycling centre that does not have the right environmental permit, you could be fined or sent to prison. It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. Cookies are small text files that can be used by web sites to make a user's experience more efficient. It can take several years to eradicate.” It then asks sellers: “Is the property affected by Japanese knotweed?”. During the winter, these stems appear to die off, becoming brown and brittle. At Cobleys, our specialist Japanese knotweed lawyers have successfully represented clients whose properties have been affected by Japanese knotweed. The following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). A purchaser of property affected by Japanese Knotweed may be able to bring a claim against the vendor on the basis of answers provided in the Law … The legal remedy for knotweed spreading onto your land from adjoining land can be found in civil nuisance. Ensure that any waste is also covered or enclosed within the vehicles that you’re using for the task. E   manchester@knotweed.co.uk, Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. Crown Street, Knotweed Help is a trading style of Cobleys Solicitors Ltd. Digging out Japanese knotweed - you must consult SEPA before you use this method. There is provision within Common Law to take civil action against neighbouring landowners where the spread of Japanese Knotweed is considered to be a private or public nuisance. The government has introduced a number of Japanese knotweed laws and regulations surrounding the control, growth and transportation of Japanese Knotweed in order to protect homeowners, businesses and the environment alike. There are many legal factors affecting the disposal of Japanese Knotweed. Eastcote, How and who do I report Japanese knotweed to? Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild. Japanese knotweed is the cause of approximately £170 million worth of home repairs in the United Kingdom every year and is causing problems for developers and private homeowners. The presence of Japanese knotweed can lead to a home being devalued by up to 5% which can be a difference of thousands of pounds for homeowners. named but can prove to be a persistent and costly problem if it is found on your land. Second, left untreated, it can lead to expensive legal liabilities if it goes onto a neighbour’s land. Choosing to ignore its presence on your land can often prove to be a costly mistake. This means if an individual, or organisation is not controlling Japanese knotweed or other invasive plant and could be reasonably expected to do so, the CPN could be used after a mandatory written warning has been served beforehand to get them to stop the anti-social behaviour. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. The Law. By Genevieve Cathcart – Solicitor, Resi & Commercial Property. The Property Care Association has put together a comprehensive document detailing the best practice for the three key methods of preventing the spread of the plant. You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. If you are able to show that the surveyor should have noticed the Japanese knotweed, you can make a claim. Japanese Knotweed is one of the most pernicious weeds in the UK. How to legally prevent the spread of Japanese knotweed. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. Similarly, if you have bought an infested property with the understanding that no Japanese knotweed should be present on the land, you may be able to seek legal recourse against a seller who has lied about Japanese knotweed. According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. In this case, the defendant (Miss Line) was found to be preventing the claimants’ enjoyment of their land by not treating her knotweed infestation, she was ordered to treat the infestation on her own land and pay the claimants’ legal fees. 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. An organisation, such as a company, is liable to a fine not exceeding £20,000. There is no legal requirement to report its presence on land you own or control to the Authorities. You are only allowed to bury your Japanese knotweed waste on your land if you have permission from the Environment Agency; you should leave at least a week’s notice to inform them. The seller may add a caveat along the lines of: ‘as far as I am aware’ to a response of ‘no’. This is why we recommend hiring a PCA accredited specialist to get your knotweed treated and your legal matters, if you have any, resolved quickly. What are the rights and remedies for a claimant who is affected by Japanese Knotweed emanating from neighbouring land? Any remains should still be treated as controlled waste and be disposed of accordingly. Legislation: Northern Ireland; Under article 15 of the Wildlife (Northern Ireland) Order 1985, it is an offence to plant or otherwise cause to grow in the wild Japanese knotweed or any other invasive plant listed in Part II of schedule 9 to that Order. We do not do this to track individual users or to identify them, but to gain useful knowledge about how the site is used so that we can keep improving it for our users. The plant produces small white flowers in late summer, and its leaves are arranged in a zigzag pattern up stem which enables the plant to utilise maximum sunlight. The question of whether a property is affected by Japanese knotweed was added in 2013. Japanese knotweed is listed on Schedule 9, Part II of the Wildlife and Countryside Act 1981 making it an offence Under Section 14 (2) (a) of the Act to “plant or otherwise cause Japanese knotweed to grow in the wild”. These laws have been put into legislation slowly over the years as a reaction to the growing spread of invasive plant species in the UK. If the answer is yes the form asks the seller to state whether there is a Japanese knotweed management plan (KMP) in place and if so to supply a copy. You will not be seen to be breaking the law until Japanese knotweed from your land spreads into another’s property or onto public land. The Duty of Care incorporates a responsibility on anyone who produces, imports, carries, keeps, treats or disposes of controlled waste to ensure it is only ever transferred to someone who is authorised to receive it. Reporting Japanese knotweed to a local council. A specialist knotweed contractor will be required to treat the affected areas and the long term management plan should clearly detail the record of works carried out and to be carried out. The EPA 1990 sets out the appropriate methods of removing, transporting and disposing of ‘controlled waste’, defining this as any soil or plant materials contaminated with Japanese knotweed that you discard, or are planning on discarding. Email: contact@knotweed.co.uk This is due to new Home Office rules and regulations relating to anti-social behaviour being introduced in 2014 that include new laws around Knotweed amongst other invasive species such as the Himalayan Balsam and Giant Hogweed. You will not be seen to be breaking the law until Japanese knotweed from your land spreads into another’s property or onto public land. Because of Japanese Knotweed’s aggressive and damaging nature, the UK introduced legislation over 30 years ago to prevent its spread: Under the Wildlife and Countryside Act 1981 Section 14(2), it is an offence to plant or otherwise cause the species to grow in the wild. In 2014, a decision was made to include the negligent cultivation of invasive plants such as Japanese Knotweed into the remit of the Anti-social Behaviour Crime and Policing Act 2014. Cupernham Lane, Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. In the 1990 Environmental Protection Act(EPA), Japanese Knotweed is identified as a controlled substance. Dealing with the plant professionally will ensure the lawful disposal of it from your property. Specific Japanese Knotweed Legislation. The KMP must be fit for purpose and provide a long term guarantee and for some lenders may need to be backed by insurance. We have a vast amount of experience in dealing with these types of cases. However, we will look at the civil liability associated with this plant below. So you can check and update your cookies settings, you need to know what browser you are using and which version. Guide To Selling A Property With Japanese Knotweed. The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. Whilst it might be a shock to find out that the property you are trying to sell has knotweed, or indeed, the property you intend to buy is affected, there are treatments available to manage the infestation and the Knotweed Management Plan is the key. will apply equally where the defendant is a public body, a company or a private individual. They were able to claim for the costs of removing the knotweed and their neighbour had to commit to a 5-year treatment plan, to ensure that the infestation would not return. Under the powers of this act police and local council authorities have the power to issue individuals and businesses with Community Protection Notices. Managing Trustees need to be aware of the serious implications that can arise when Japanese Knotweed is found on land. Legislation states that Japanese Knotweed is classed as controlled waste, and if not disposed of correctly, may lead to prosecution under section 34 of the 1990 Environmental Protection Act (EPA). If you do wish to pursue your neighbour, the individual or organisation responsible for the adjoining land must be given the opportunity to deal with the nuisance (knotweed). Our expert staff will deliver an insightful presentation and answer your questions (they will even provide lunch). Paolo Martini is the lead solicitor for Knotweed Help and has over 30 years of experience in the field of Civil Litigation and is an expert on the legal issues faced by individuals dealing with Japanese knotweed on their land. In July 2018, the case of Williams and Waistell v Network Rail was heard at the Court of Appeal, as Network Rail had appealed against the original verdict. Companies have been set up to eradicate it, laws have been written to remove it. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. If it is clear that the knotweed in your garden is encroachment from an adjoining property we will confirm the encroachment and you will be able to provide this as evidence to the neighbouring landowner. Romsey, The Environmental Protection Act 1990 (EPA) is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment. Besides the Anti-social Behaviour Crime and Policing Act 2014, the main legislation that identifies and controls Japanese knotweed is the Environmental Protection Act 1990 (EPA 1990) and the Wildlife and Countryside Act 1981 (WCA 1981). ", "You must prevent Japanese knotweed on your land from spreading into the wild and causing a nuisance. If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication. Room 5, Television House, Usually, you will be advised to take your waste to a landfill that has the requisite permit to deal with the plant. The seller may add a caveat along the lines of ‘buyer should rely on their own survey’. Do have the Knotweed knowledge. even exotically ? Although Japanese knotweed is not poisonous or directly “dangerous” to people, the continued spread of Japanese Knotweed poses a threat to the environment, homeowners and business owners alike. Japanese knotweed is easily recognisable at all stages of its growth, and has characteristic hollow bamboo-like stems which are usually pale green and purple in its mature state. “Japanese knotweed is an invasive plant that can cause damage to property. While it’s not illegal just to have it on your property it is a criminal offence to ‘plant or cause to grow’ Japanese Knotweed. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. If you are selling a property with Japanese knotweed then you should declare its presence openly with any prospective buyers and your estate agent. We hope this has clarified things for you, but if you are still looking for more information, you can contact us using the following details. Related: How to get rid of Japanese knotweed. Can you remove Japanese knotweed yourself? Japanese Knotweed – what does the law say? Think You’ve Found Knotweed On Your Property? You’ll need an environmental permit or registered waste exemption before you start burning your Japanese knotweed waste. Japanese knotweed is a perennial plant that can grow up to 10cm a day. SO51 7JF, T   0333 2414 413 Much of the case is concerned with the trial judge’s decision, but it … Not only does this cause for concern for the buildings on their property, but the invasive nature of the weed can cause loss of enjoyment of the garden. Guidance called `` prevent Japanese knotweed infestations knotweed UK law to give you some guidance on the laws to! Can customise your browser by a website, which if you choose to ignore presence! 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