This precedent has been set in cases involving both individuals and large organisations, so whether you’re dealing with Japanese knotweed on council land or from a next door neighbour, you should be able to claim for the treatment of the infestation. 11 Soil containing rhizome material can be regarded as contaminated and, if taken off a site, must be disposed of at a suitably licensed landfill site and buried to a depth of at least 5 metres. You can bury Japanese knotweed at the site itâs produced as long as you: bury it at a depth of at least 5 metres. relating to its release and disposal of waste). 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. Related: Has your surveyor missed Japanese knotweed? 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 Court held that “damage” (an essential requirement for a common law nuisance case) was an elastic concept and included Knotweed rhizome contamination, and in addition, that nuisance could be caused by inaction or omission as well as by positive activity. The legal remedy for knotweed spreading onto your land from adjoining land can be found in civil nuisance. The report goes on to recommend that a study of international approaches to Knotweed in the context of property sales is commissioned. 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. In some cases, it may be that the neighbour is renting and the landlord is simply unaware that they have an infestation on their hands. Normally, documented treatment with herbicide is â¦ Knotweed Help is a trading style of Cobleys Solicitors Ltd. However, the UK has legislation surrounding Japanese knotweed, and more generally, invasive species (e.g. Japanese knotweed (Fallopia japonica) belongs to the plant family Polgonaceae. 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. Due to its destructive nature, Japanese knotweed in residential areas is now legislated under the Anti-Social Behaviour Act. 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. Allowing Japanese knotweed to spread to neighbouring properties may be viewed as a private nuisance under common law, but this would be a civil matter. Because Japanese knotweed became such a problem over such a short period of time â legislation was introduced via the âWildlife and Countryside Actâ- this legislative document began the process of opening the eyes of land owners and giving power â¦ 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. Note: Only verified records appear on the map. If you do not remove every last trace of knotweed, it can grow back and spread even further. Under the powers of this act police and local council authorities have the power to issue individuals and businesses with Community Protection Notices. 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. Wildlife & Countryside Act 1981. These notices are only reserved for those who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. Burying waste at a depth of at least 5 metres and then covering the remains with a root barrier membrane layer is advised. You do not need to report the presence of Japanese knotweed on your land, however, should you wish to voluntarily declare your Japanese knotweed or report an infestation on public land, then you can do so by visiting the Non-native Species Secretariat website. And how to make a. Who is liable when Japanese Knotweed spreads from someone elseâs 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. What should I do if I find Japanese knotweed? I’ve bought a house with Japanese knotweed. The invasive plant has reached emergency proportions there. The Property Care Association (PCA) has announced that reports of this hybrid, known as “Bohemian Knotweed” are rising and the ideal recent growing conditions for the weed have increased concern that it might spread rapidly across the UK. 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. Getting A Mortgage With Japanese Knotweed, Dormant Japanese Knotweed: Your Questions Answered. No. Following the Committeeâs paper of 16 May 2019, the Government has welcomed the Committeeâs findings, agreeing that Japanese knotweed (âJKâ) may have been disproportionately singled out above other invasive plants and that an evidenced-based approach is required. 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. The content of this website for information purposes only and does not constitute legal advice. Guide To Selling A Property With Japanese Knotweed. In both cases, you should not bury any other types of waste with it. It must be proved that the knotweed originated on your land in order for you to be held responsible for clearing it, as in the case of Smith v Line. Can you spray Japanese knotweed with chemicals? How and who do I report Japanese knotweed to? Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. The costs of knotweed treatment and removal are significant, with the government estimating that the costs of eradicating it from the UK would be £2.6 billion. 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. Japanese knotweed spreads via the transferral of contaminated soil, or the unlawful tipping of cuttings. This conclusion is supported by the experience of some experts in this area and data from Knotweed contractors. Unfortunately, it’s unlikely that your home insurance will cover Japanese knotweed, so you will not be able to rely on it to financially support the removal of the Japanese knotweed or any damage caused to your home. Environement Agency on knotweed. They have strict laws and legislation regarding invasive weeds like Japanese knotweed. 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. Talking to the person responsible for the land should be your first port of call before taking any further action. Copyright © 2020, Squire Patton Boggs. Related: How to get rid of Japanese knotweed. These may sound like heavy penalties, but it serves to demonstrate how seriously the law treats the spread of Japanese knotweed and is intended to deter citizens from giving this plant free reign to grow on their land. Here’s What To Do. 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. In the event that you have discovered knotweed on a property that you have purchased after a survey or TA6 property form stated otherwise, then you may be able to claim against the property surveyor or the previous owner of the property for the costs of the knotweed treatment. Japanese Knotweed is a woody stemmed herbaceous perennial rhizomatous plant, and is a member of the Buckwheat (Polygonaceae) family. 02/08/2019. 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