Both of their bungalows abutted a Network Rail railway embankment and access path which were infested with Japanese Knotweed and which had spread to the claimants 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. In the case where you have bought a property with the knowledge of the infestation then you will be liable for the costs of treatment. According to the Wildlife and Countryside Act 1981, it is the responsibility of the landowner to prevent the spread of Japanese knotweed into the wild, or neighbouring properties. 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. "Poly" means many and "gony" is from the Greek for "knee", giving many jointed. And how to make a. Interestingly, home owners wishing to sell their property must fill out a property information form, called a TA6, declaring whether the property or garden is, or has been, affected by Knotweed, but developers and builders are not obliged to complete the form, which was introduced in 2013. Environement Agency on knotweed. 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. Has your surveyor missed Japanese knotweed? The invasive plant has reached emergency proportions there. Evidence from a recent government report suggests that if a knotweed infestation remains untreated then losses of up to 10% can be incurred. 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. 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. The UK Government’s latest report on Knotweed published on 16 May 2019 states that “a significant industry is built around controlling Japanese Knotweed, but we were told that mortgage lenders in other countries do not treat the plant with the same degree of caution. 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. May 09, 2019. 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. Even if the knotweed is treated and removed, losses can still be between 6-9%. Can you spray Japanese knotweed with chemicals? 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. What does it look like? The £50,000 figure awarded reflected the reduced value of the property. What is Japanese knotweed? If you have pictures of your suspected knotweed problem, upload them here. How Japanese Knotweed Affects House Insurance: Are You Covered? Related: How to get rid of Japanese knotweed. Legislation regarding Japanese Knotweed. VAT Number 477 2974 93. Think You’ve Found Knotweed On Your Property? The UK Governmentâs latest report on Knotweed published on 16 May 2019 states that âa significant industry is built around controlling Japanese Knotweed, but we were told that mortgage lenders in other countries do not treat the plant with the same degree of caution. Taking appropriate steps to treat the Knotweed is likely to constitute a defence. Who is responsible for clearing Japanese knotweed? Here’s What to Do. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. Allowing Japanese knotweed or soil contaminated with the plant to spread into the wild is an offence and could result in a fine of up to £5000, or a prison sentence of up to 2 years. Surveyors risk being liable in negligence for failing to notice or identify Japanese Knotweed. 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. New Japanese knotweed legislation was introduced in 2014, including fines of up to £2,500 for homeowners who fail to control Japanese knotweed on their property. My surveyor missed the Japanese knotweed – can I do anything about it? Anyone ignoring a Japanese knotweed ASBO (A nti-Social Behaviour O rder) can be charged and receive: On the spot penalties of up to £100; Criminal prosecution and fines of up to £2,500 I’ve bought a house with Japanese knotweed. These new Japanese knotweed laws have been added to pre-existing laws relating to Anti-Social Behaviour Orders, and join older legislation such as the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981. Both these actions have been recommended for the end of this year. Read more. Invasive Plant Solutions support and encourage full compliance with all Irish and EU environmental legislation and industry Codes of Practice Japanese Knotweed and Invasive Plant Control Specialists Phone: 086-2621443 | Email : firstname.lastname@example.org It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. During the winter, these stems appear to die off, becoming brown and brittle. 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. Japanese knotweed arrived in the UK in 1850, and since then has spread throughout most of the country. Burning Japanese knotweed is one method of removing an infestation, however you must ensure that you have effectively removed every part of the plant from your land beforehand, otherwise your infestation will return again. The legal remedy for knotweed spreading onto your land from adjoining land can be found in civil nuisance. Managing Japanese Knotweed Legislation Legislation covering the handling and disposal of Japanese knotweed includes the following: The Control of Pesticides Regulations 1986 require any person who uses a pesticide to take all reasonable precautions to protect the health of human beings, Can You Build On Land With Japanese knotweed? 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. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and â¦ 02/08/2019. 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. If it is not a species of Union concern, then the Wildlife & Countryside Act (WAC; Section 14, Schedule 9) still applies 2. Japanese knotweed stifles native species and reduces house prices. 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. What is Japanese Knotweed? 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. Due to its destructive nature, Japanese knotweed in residential areas is now legislated under the Anti-Social Behaviour Act. 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. It was originally brought to Britain for its beauty and was named the âmost interesting ornamental plant of the yearâ in 1847. Usually, you will be advised to take your waste to a landfill that has the requisite permit to deal with the plant. 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. Although it’s possible to confuse Japanese knotweed with a number of other common plants found in England, there are a handful of tell-tale signs that should tell you if you’re dealing with an infestation or not. Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981). Knotweed Help is a trading style of Cobleys Solicitors Ltd. How and who do I report Japanese knotweed to? Significant newspaper publicity has also been given to a 2019 court award of £50,000 relating to a case where a visually impaired property owner, Paul Ryb, instructed a chartered surveyor to undertake a comprehensive RICS level 3 survey of a flat in London he wished to purchase. 633045. Property Acquisition, Site Remediation & Brownfields Redevelopment, Network Rail Infrastructure Ltd v Williams and another, Coronavirus (COVID-19) Legal Insights Hub, Talk to the Experts Virtual Discussion Forum: Future of Plastics, The Future of Green Energy – UK Perspective, Looking Ahead to 2021: Implications of a Change in US Administration on Environmental Policy, Trump Administration Issues Proposed Rule to Fast-Track Environmental Permitting for Mining Projects, US EPA Releases Draft National Recycling Strategy for Comment, O-I-CEE! What should I do if I find Japanese knotweed? If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. 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’. 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. 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. 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. 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. Burying waste at a depth of at least 5 metres and then covering the remains with a root barrier membrane layer is advised. All Rights Reserved. ... Japanese Knotweed Legislation and Your Rights. 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. Whilst removing Japanese knotweed yourself is legal, it is incredibly difficult to do so thoroughly. 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. 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. A sign prohibiting entry to a site in Britain due to the presence of Japanese knotweed. 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. Designating a clerk of works to oversee the Japanese knotweed management plan is a good way of ensuring that contractors treat Japanese knotweed in an appropriate manner. The family name of Polygonaceae is derived from the Greek words, âPolyâ meaning many, and âgoniâ meaning knee or joint. The best way of doing this is by getting a professional evaluation of the Japanese knotweed. This Order is similar to existing legislation, but there are a number of changes that apply to regulated species: 1. How to legally prevent the spread of Japanese knotweed. 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. Bought a House With Japanese Knotweed? Mr Ryb claimed that his surveyors were negligent in failing to spot signs of the Knotweed despite carrying out a top-grade survey, and claimed damages from the firm. Talking to the person responsible for the land should be your first port of call before taking any further action. 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. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. 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¦ 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. 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. Property surveyors are not infallible, their mistakes can lead to buyers purchasing properties under the impression that their home is free of faults, when in fact the opposite is true. 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. His in-depth legal experience and connections to the Japanese knotweed removal industry make him uniquely suited for handling your case. Open up a discussion with your neighbour, letting them know that knotweed is present on their property. Under the powers of this act police and local council authorities have the power to issue individuals and businesses with Community Protection Notices. What should I do? Company Registration Number – 03943212, England and Wales. Related: How To Identify Japanese Knotweed. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. Japanese knotweed in Great Britain were £166m per year (equivalent to over £200m in 2018 prices6), including the cost of treating the plant in the rail and road networks and property devaluation.7 2. 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. Reporting Japanese knotweed to a local council. If you do not remove every last trace of knotweed, it can grow back and spread even further. A Japanese knotweed specific question is included on most pre-contract enquiry questionnaires, which are based on the Law Society’s TA6 Form. The Environment Agency is responsible for regulating waste. 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 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. Guide To Selling A Property With Japanese Knotweed. 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. relating to its release and disposal of waste). 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