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. If your infestation happens to be close to a water source you’ll need to apply for approval from the Environment Agency. Japanese Knotweed is innocuously ? 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. We have a vast amount of experience in dealing with these types of cases. There are many legal factors affecting the disposal of Japanese Knotweed. 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. Japanese Knotweed is the most widespread form of knotweed. 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. Under the Wildlife and Countryside Act 1981, Japanese knotweed growth can lead to the criminal prosecution of an owner or occupier if they do not handle the plant in accordance with the law. 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 Property owners who find Japanese knotweed growing nearby or on their land should be aware of the very serious problems it can cause. Should the neighbour not comply with the notice, a claim for "nuisance for encroachment" can be pursued through legal channels. 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. An organisation, such as a company, is liable to a fine not exceeding £20,000. Don’t take any risks when it comes to Japanese Knotweed removal, disposal, or eradication. In the eventuality where an informal conversation has not yielded any results, you can start to take the necessary steps to report Japanese knotweed infestations to your local authority. Property owners with land affected by Japanese knotweed must adhere to a number of laws, otherwise, they may face fines or even imprisonment. 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. If you suspect you have Japanese Knotweed on or around your property, make sure you get professional expertise with identification and eradication. Paperwork in conveyancing, when selling a house, includes a form called the Law Society Property Information Form, or a "TA6". There is no legal requirement to report its presence on land you own or control to the Authorities. If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. 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. 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). There have been cases where the environment agency have prosecuted people who failed to dispose of the plant correctly. 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. 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. 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. Japanese Knotweed Law At Charles Lyndon, our specialist Japanese knotweed lawyers have successfully represented clients whose properties have been affected by Japanese knotweed. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. 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. Can you spray Japanese knotweed with chemicals? Here’s What to Do. In this way, Japanese knotweed can fairly be described as a natural hazard which affects landowners' ability fully to use and enjoy their property and, in doing so, interferes with the land's amenity value. This places a new onus on buyers to make their own enquiries into whether a property is affected. How and who do I report Japanese knotweed to? 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. Japanese Knotweed – what does the law say? 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. The presence of knotweed does not automatically prevent a mortgage from being obtained, with a case by case basis approach often adopted. even exotically ? Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981). 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, Giant and Hybrid Knotweed all appear in that Schedule. It is […] The ‘not known’ answer is arguably the most honest for the majority of sellers, but in reality it should serve only to prompt the buyer’s solicitors to probe for further information. The next step is to determine where the plant came from and the extent to which the plant affects the property. However, when you come to sell a property you will be required to answer a set of pre-contract enquiries which typically follow the Law Society’s TA6 Form. In both cases, you should not bury any other types of waste with it. Sellers should provide this to the purchaser’s solicitors, who in turn should enquire to see if it can be transferred to their client. Eastcote, The Law on Japanese Knotweed is shaped by. 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 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. Schedule 9 to the Wildlife and Countryside Act 1981 (‘WCA’) lists certain plants and animal invasive non-native species that have become established in the UK but which the law seeks to prevent spreading further. Cookies are sent to your browser by a website, which are stored in the cookies directory on your computer. Japanese knotweed ( Fallopia japonica ) is a weed that spreads rapidly. 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. Failsworth, Manchester, It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment If it can be shown that a schedule 9 plant has spread from a landowners property onto another property, then the landowner could be considered responsible for any damage caused and the costs of control Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild. 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. 633045. 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. Deciding who is responsible for clearing the Japanese knotweed should be the first step to take after the positive identification of the plant. Related: Has your surveyor missed Japanese knotweed? It is not illegal for you to have Japanese knotweed on your property, but it is against UK law to cause or allow the plant to spread in the wild. Breach of any requirement of a community protection notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice. 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 law regarding the disposal of Japanese Knotweed. If you do not remove every last trace of knotweed, it can grow back and spread even further. You could be due significant compensation. Network Rail (2019) provides the answers to these issues. even exotically ? Generally having any invasive species listed under annex 2 of the S.I. This act sets forth certain terms that regulate how Japanese Knotweed can be disposed. 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. You can identify it as there is a growth pattern of one stem per node, which forms a zig-zag stem growth pattern. If you suspect you have knotweed on your property, call in Japanese Knotweed Ltd, your local knotweed experts today: 0333 2414 413. Contrary to popular belief Japanese knotweed is not a notifiable weed.. Japanese knotweed is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. Japanese knotweed infected or plant material that is to be discarded is classed as controlled waste and must be removed from the site for disposal by a SEPA license haulier, the waste must be accompanied by appropriate Waste Transfer documentation prepared by the haulier. Japanese knotweed is a perennial plant that can grow up to 10cm a day. If Japanese knotweed spreads from one property to another the relevant law is that of private nuisance. 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. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. Japanese knotweed UK law. Japanese Knotweed Law and Legislation is there to protect our environment and individual properties. You can report those not abiding by these practices to your local authority. Japanese knotweed arrived in the UK in 1850, and since then has spread throughout most of the country. 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. 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. Japanese Knotweed Ltd does use some non-essential cookies. RICS surveyors should keep up to date with the current guidelines in relation to invasive plants if they miss Japanese knotweed on a survey then they may be sued for professional negligence. Failure to do so could lead to unwanted disputes, substantial fines, or even imprisonment. Full list of resources related to Japanese knotweed legal advice: Anti-social Behaviour Crime and Policing Act 2014, Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981), selling a property with Japanese knotweed, seller who has lied about Japanese knotweed, What to do if you’ve found Japanese knotweed on your property, home insurance will cover Japanese knotweed, What to do if you’ve bought a property with Japanese knotweed. Related: How To Identify 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. In early 2018 Adam and Eleanor Smith successfully sued their neighbour after they discovered a serious knotweed infestation on their land which had entered from an adjacent property. Failure to meet the requirements of this notice, without a reasonable excuse, could be treated as a criminal offence making the recipient liable to a fixed penalty notice or prosecution, which could lead to a further hefty fine. 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 Under section 57 of the Act, “conduct” includes “a failure to act”. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. There are many legal factors affecting the disposal of Japanese Knotweed. 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. 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. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. 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. You can customise your browser's cookie settings if you wish to manage your cookie security. 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. By Genevieve Cathcart – Solicitor, Resi & Commercial Property. Hampshire, Our expert staff will deliver an insightful presentation and answer your questions (they will even provide lunch). Romsey, This may reflect the fact that knotweed can be hard to spot in its early stages and most property owners are not horticultural experts. Japanese knotweed crown and rhizomes (which make up the roots of the plant) can survive burning. It’s often used as a catch-all term to refer to all the invasive knotweed species. This inevitably leads to disputes with neighbours who are uncomfortable with having Japanese knotweed at such a close distance from their house. The seller may add a caveat along the lines of: ‘as far as I am aware’ to a response of ‘no’. Do you need legal advice for Japanese Knotweed in Scotland? Japanese Knotweed Claims. As experts in the field of Japanese knotweed we can provide expert witness services for disputes/litigation claims regarding Japanese knotweed. Ensure that any waste is also covered or enclosed within the vehicles that you’re using for the task. The Law. The Japanese knotweed and its rhizomes presence impose and immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land. Here’s What To Do. 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. E   london@knotweed.co.uk, Unit 13A Westlink, 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. 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. 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. The effect is the same: the presence of Japanese Knotweed amounts to an interference with quiet enjoyment and … Any remains should still be treated as controlled waste and be disposed of accordingly. 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. Company Registration Number – 03943212, England and Wales. The legal remedy for knotweed spreading onto your land from adjoining land can be found in civil nuisance. Read more about the Wildlife and Countryside Act 1981. Do have the Knotweed knowledge. By Paolo Martini on 11th February 2019 (updated: 22nd December 2020) in News. The law regarding the disposal of Japanese Knotweed. The Law. You can be prosecuted or given a community protection notice for causing a nuisance if you allow it to spread onto anyone else’s property. 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. If you’ve more questions about Japanese knotweed legislation or are seeking further legal advice in regards to a Knotweed infestation then please don’t hesitate in calling us on 07595 653 226 or sending us a message using the contact form. You’ll need an environmental permit or registered waste exemption before you start burning your Japanese knotweed waste. The content of this website for information purposes only and does not constitute legal advice. Wildlife and Countryside Act 1981. The seller may add a caveat along the lines of ‘buyer should rely on their own survey’. 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. 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