According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. It’s often used as a catch-all term to refer to all the invasive knotweed species. Eastcote,
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 you’re planning on moving knotweed, or knotweed contaminated soil, off-site then you must use a registered waste carrier and ensure that the waste is taken to a licensed landfill site. Homeowners can often be placed in a difficult position where they’re aware that a knotweed infestation is close to their borders, but feel powerless to stop it spreading onto their own property. Open up a discussion with your neighbour, letting them know that knotweed is present on their property. A request, via an enquiry, is likely to be made for further information and perhaps a specialist knotweed survey. Japanese knotweed UK law. Failure to do so could lead to unwanted disputes, substantial fines, or even imprisonment. The individual or organisation that has collected the knotweed is responsible for identifying a licensed landfill and transporting the knotweed to the licensed handler. Think You’ve Found Knotweed On Your Property? even exotically ? 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. Japanese Knotweed is one of a number of invasive weeds which are controlled by the Wildlife and Countryside Act 1981. a landfill site that has the right environmental permit. The following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). If you’ve discovered Japanese knotweed on your own property then you’ll have a few options open to you regarding remunerations, depending on the context of your discovery of the infestation. As this plant is such a fast grower, it is usually only a matter of time before this happens and your troubles multiply. If you have pictures of your suspected knotweed problem, upload them here. If Japanese knotweed has encroached from a neighbouring property, we can help you claim for the resulting diminution of value as well as making your property mortgageable. 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. 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. 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. 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. However, we will look at the civil liability associated with this plant below. Follow this link for instructions on how to manage your cookies through your current browser and for more information on cookies. The claimants can claim, however, in respect of the encroachment of Japanese knotweed rhizomes because they have diminished the claimants' ability to enjoy the amenity and utility of their respective properties. Is Japanese Knotweed illegal? Read more about the Wildlife and Countryside Act 1981. 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. knotweed spreading onto your land from adjoining land, neighbour has allowed Japanese knotweed knotweed to spread into your garden, appeal for a Community Protection Notice from your local authority, In early 2018 Adam and Eleanor Smith successfully sued their neighbour, Invasive Non-Native Specialists Association. If you do not remove every last trace of knotweed, it can grow back and spread even further. However if a seller, based on the best of their knowledge, answers ‘No’, and it subsequently transpires that the plant is present, then the buyer may pursue the seller for compensation. 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. Now considered one of the country's leading litigators in Japanese knotweed law he works alongside the country’s top barristers and experts. If you have knotweed or suspect it to be a problem, whether you have had treatment or not, contact us for free, no obligation advice. Before you transfer any knotweed contaminated waste you must warn the waste site that you are about to transport an invasive plant and confirm that they have the correct permit to deal with the plant. Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. Guide To Selling A Property With Japanese Knotweed. 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. 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. Under new Japanese knotweed legislation, Homeowners failing to control Japanese Knotweed on their property can be prosecuted and fined up to £2,500. A professional evaluation and survey will be able to answer the questions that you have and give you an idea of the actions that you’ll need to take to get rid of the infestation. A CPN could therefore 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. This Act governs the disposal of controlled waste, such as Japanese knotweed. It is not illegal to have Japanese knotweed on your property, but it is against the law to cause or allow the plant to spread in the wild. 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. Read more of our Expert’s advice on all aspects of Japanese Knotweed law below: These regulations require any person using pesticide to take all reasonable precautions in order to protect the health of their fellow human beings, other creatures and plants. 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. 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. In these circumstances, you should ask your neighbour to effectively treat the knotweed not only on their land but also on your property in order to solve the problem and ideally the remedial action they choose should include a suitable guarantee. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. Japanese Knotweed and the Law Japanese Knotweed is regulated by the following pieces of legislation, the main being: The Environmental Protection (Duty of Care) Regulations 1991 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. If you are selling a property with Japanese knotweed then you should declare its presence openly with any prospective buyers and your estate agent. Belbins Business Park,
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. The Act does not explicitly refer to Japanese knotweed or other similar invasive non-native plants, as the new anti-social behaviour powers are intended to be flexible. The Act makes it an offence to deposit any contaminated soil in an irresponsible fashion. How to get rid of Japanese knotweed legally, How to use a waste carrier to take Japanese knotweed off-site, After you transfer Japanese knotweed waste. 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. If you own or manage a property or land which is affected by Japanese knotweed, you are responsible for the control of the invasive weed. Trustworthy firms that you can rely on will belong to trade bodies such as the Property Care Association (PCA) or the Invasive Non-Native Specialists Association. Read more on The Environmental Protection (Duty of Care) Regulations 1991. Reproduced rapidly via tiny fragments of its rhizome, the weeds of Japanese Knotweed can grow up to 10cm a day and in just 10 weeks its stems can reach 3-4 metres in height. 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 … At Cobleys, our specialist Japanese knotweed lawyers have successfully represented clients whose properties have been affected by Japanese knotweed. The logic of the decision in . As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. Reporting Japanese knotweed to a local council. 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. E email@example.com, 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. 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. In the case where you have spotted Japanese knotweed encroaching on your land, but are yet to find the plant on your property, then your first action should be to inform the owner of the land about the infestation. 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. The test is that the conduct of the individual or body is having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality, and that the conduct is unreasonable. 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’. There are many legal factors affecting the disposal of Japanese Knotweed. It’s important that you either supervise the disposal of the infestation yourself, or hire a specialist to take responsibility for it. You can customise your browser's cookie settings if you wish to manage your cookie security. An organisation, such as a company, is liable to a fine not exceeding £20,000. The Environment Agency is responsible for regulating waste. 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. This inevitably leads to disputes with neighbours who are uncomfortable with having Japanese knotweed at such a close distance from their house. We have a vast amount of experience in dealing with these types of cases. This is not due to any changes in the law, but due to a small number of cases where surveyors have been found negligent for failing to spot knotweed. Even if the knotweed is treated and removed, losses can still be between 6-9%. The Environment Protection Act 1990; The Environment Agency - Code of Practice The Wildlife and Countryside Act … Because of the fast-growing nature of the plant, it can cause great damage to … 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. Property owners with land affected by Japanese knotweed must adhere to a number of laws, otherwise, they may face fines or even imprisonment. In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers. 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 Wildlife and Countryside Act (as amended) 1981 Legislation: The Wildlife and Countryside Act 1981 provides the primary controls on the release of non native species into the wild in Great Britain. These registered carriers are still bound by the law in regards to disposing Japanese knotweed and must not dispose of waste along with surplus soil, or sell any contaminated soil. There is no legal requirement to report its presence on land you own or control to the Authorities. The Wildlife and Countryside Act (as amended) 1981 Legislation: The Wildlife and Countryside Act 1981 provides the primary controls on the release of non native species into the wild in Great Britain. You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. The leaves are of a mid-green colour and are almost in the shape of a heart, having a straight back edge. If you’re a private landowner then you do not need to ask permission from the Environment Agency, but you might want to check with your local council that you’re allowed to go ahead with burning your knotweed. 633045. In order for a landowner to be considered to be persistently acting in a way that is detrimental to the quality of life to those in the locality (as it’s laid out in the Anti-social Behaviour Crime and Policing Act 2014) it must be proved that the individual has not taken reasonable steps to remove the infestation. It's worth noting, however, that since the passing of this Act in 1981, there have been various amendments to the text of the Act and the species listed in the schedules. Company Registration Number – 03943212, England and Wales. If you purchased a property and paid for a professional survey to be carried out and the surveyor did not pick up the presence of Japanese knotweed, you may be able to bring a claim against the surveyor for professional negligence. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Read more of our Expert’s advice on all aspects of Japanese Knotweed law below: It is not illegal to have Japanese knotweed in your garden, but on your property you should aim to control this invasive non-native plant to prevent it becoming a problem in your neighbourhood. 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 or occupation of land. If you find Japanese knotweed on your land then you should take care to isolate the area and establish how much of your property has been affected by the plant. Much of the case is concerned with the trial judge’s decision, but it … 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. Dealing with the plant professionally will ensure the lawful disposal of it from your property. “Japanese knotweed is an invasive plant that can cause damage to property. Business owners should give the Environment Agency a week’s notice before burning knotweed and should also inform the environmental health officer at their local council. Related: What to do if you’ve found Japanese knotweed on your property. 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 SEPA agree to you using this method you must clear all of the leaf and stem material above ground and remove all of the roots and fibres in the ground along with any soil or earth that contained the roots and fibres as this will be contaminated. 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). I’ve bought a house with Japanese knotweed. It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. 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. At Japanese Knotweed Ltd, we are fully equipped and highly trained to deal with Japanese knotweed infestations. Contact us using the form on this page and we'll call you to discuss your situation and inform you of the options available to you. 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. Japanese knotweed is a problem for most people for two simple reasons. By Genevieve Cathcart – Solicitor, Resi & Commercial Property. 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. 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. Japanese Knotweed Law and Legislation is there to protect our environment and individual properties. 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 following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). 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. Japanese Knotweed is classed as “controlled waste” and the law requires it must be disposed of at a registered landfill site. Japanese Knotweed is covered under the following laws. Japanese Knotweed. Hampshire,
It’s important that plant is taken into consideration in the planning process, and that every effort is made to remove the plant and prevent it from further spreading. Cupernham Lane,
Has Your Surveyor Missed Japanese Knotweed? If you have discovered knotweed next door but the plant is yet to spread to your property, then your options for legal action against your neighbour are limited. 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. What should I do? Bought a House With Japanese Knotweed? If a landowner has knotweed growing in the garden of his property he should make every effort to control the knotweed and prevent this invasive weed from spreading onto a neighbouring property and if he fails to do this he could be held responsible for the damage caused by the encroachment. 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. 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. E firstname.lastname@example.org, Unit 13A Westlink,
In the event where you are granted permission to bury your Japanese knotweed waste on your own land then you must adhere to a handful of guidelines to ensure that the plant does not make a resurgence once more. The law regarding the disposal of Japanese Knotweed. 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). If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication. named but can prove to be a persistent and costly problem if it is found on your land. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. 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. Understanding your legal responsibilities in regards to the knotweed growing on your land is crucial should you wish to avoid an unexpected date in court, or a run in with your local council. The Court of Appeal unanimously upheld the decision of the Recorder but held that the claimants cannot claim in private nuisance merely because of the diminution in the properties' market value because of lender caution in such situations. 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. Japanese knotweed stifles native species and reduces house prices. Can You Build On Land With Japanese knotweed? 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 Law. Middlesex,
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. ", "You must prevent Japanese knotweed on your land from spreading into the wild and causing a nuisance. Talking to the person responsible for the land should be your first port of call before taking any further action. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. Japanese Knotweed – what does the law say? As experts in the field of Japanese knotweed we can provide expert witness services for disputes/litigation claims regarding Japanese knotweed. Not Known
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