Japanese Knotweed growing on a property based in Bristol has been the cause of a property firm being indicted with a hefty fine. The Japanese Knotweed affected 7 properties and Bristol City Council prosecuted MB Estate Limited which owned the offending property.

The presence of the Japanese Knotweed was not highlighted in house surveys undertaken by the owners of the affected properties, even though the plant was thought to be reaching 8 foot. Unfortunately for the buyers, they were unaware of the adverse effects Japanese Knotweed could cause on their properties and it was only when one homeowner Googled the plant that the severity of the situation became clear.

When the Anti-Social Behaviour, Crime and Policing Act 2014 came into effect, it was only then the local council were able to take action against the property management firm. The firm had various opportunities to take steps to remediate the invasive weed and unfortunately did not take adequate steps to prevent the legal action to be taken against them.

With cases such as Waistell v Network Rail making headlines recently, it has set a precedent for other homeowners who are affected by the troublesome weed that there are cautions in place to ensure encroachment does not occur, and where it does, redress through legal channels is now available.

Getting lost in the legal jargon which is thrown at you once you instruct a legal professional is a rabbit hole too many of us take a trip down, make sure you know what a Part 35 report is and when you might need one.

Generally, Japanese Knotweed disputes are easily resolved once an individual takes responsibility for the presence of the weed and ensures that it is eradicated in line with the specific rules and regulations put in place. However, in some circumstances where the origin of the Japanese Knotweed is harder to determine, or in situations where the landowner is denying liability, you may need to consult your solicitors on the best way to proceed down the legal route.

Japanese Knotweed is classed as a ‘Schedule 9’ plant and in relation to this, Section 14(2) of the Wildlife and Countryside Act 1981 states that “if any person plants or otherwise cause to grow in the wild any plant which is included in Part 2 of Schedule 9, he shall be guilty of an offence”. Due to this, we see time and time again, instances where individuals have taken legal action against landowners who have allowed this highly invasive weed to encroach onto their sites.

Typically, your solicitors will firstly arrange for an initial vetting report which will give them the basic details of the Japanese Knotweed they will need to know before being able to decide as to whether or not the case can be taken to court. Once they have the initial vetting report, this is usually when solicitors will arrange for the P35 Report.

Part 35 Compliant Reports are specific documents which answer the questions solicitors will need to know and use in their court case. Typically, these P35 reports are used to determine the cause of the origin of the Japanese Knotweed and therefore pin liability to the correct person. P35 Reports are usually taken around a week to compose due to the in-depth analysis required to fully investigate the situation at hand. If you are not proceeding down the legal route, you usually won’t require this service.

It is important to know that the Part 35 writer has a duty to the Court and not to the person paying for or requesting the report. A Part 35 report writer will know that their duty of being correct is to the court and anything other can be seen as contempt of court.

What the Waistell vs Network Rail case means for you…

We have all heard about the landmark Japanese Knotweed case of Mr Waistell v Network Rail, but what exactly was the precedent which was set following the hearing?

Japanese Knotweed was typically used by Network Rail to stabilise railway embankments in the past, and due to this, most railways in Britain are dotted with stands of the invasive weed. Unfortunately for Mr Waistell, his property backed onto one such area. Although there was no Japanese Knotweed growing on Mr Waistell’s property, it was in such close proximity, so as that his solicitors were able to argue that it was interfering with “quiet enjoyment of the property”. This shows us that if there is a premise for Japanese Knotweed to spread onto your property, you have some legal standing.

If you do find yourself in a situation where there is Japanese Knotweed growing within close proximity, we would always advise initially getting in touch with a Japanese Knotweed remediation company as they will be able to come out and conduct a survey for you to get a more detailed insight into the situation at hand.Following the survey, the company should be able to provide you with a management plan to eradicate the Japanese Knotweed. Depending on the extent of the Japanese Knotweed, you may not be prepared to pay for these costs, and this is when getting in touch with a legal professional will come in handy.

If you think there is Japanese Knotweed growing on your or a a neighbouring property or site, please feel free to get in touch with us on freephone 03335 777 888

Your home is your castle. Eradicating Japanese Knotweed in Cheshire. And if you are particularly house proud, you will know that the outside of your home is just as important as the interior. So, what should you do when you notice Japanese Knotweed growing in the property next door?

Ideally, you will get in touch with the neighbour initially to see if there is an eradication plan in place. Once you know the status of the offending plant, you should be able to then decide your next steps on how to proceed.

If there is a management plan in place, there’s no need to worry as the neighbors are adequately dealing with the problem. If not, there a few options you can explore:

Arrange for a Japanese Knotweed professional to come out and assess the situation: by doing this you are able to determine as to whether or not the Japanese Knotweed will affect your property directly. They will then be able to advise of any recommendations they may have with regards to your property.

Get in touch with the Environmental Agency: if the Japanese Knotweed has spread over into your garden, your neighbour is liable to pay for the costs of remediation. This is because although it is not illegal to have Japanese Knotweed growing on your property but it is illegal to allow it to spread, and by doing so, your neighbour may be faced with a fine of up to £2,500.00 plus the remediation costs!

Take out your own management plan: with your neighbours permission, it may prove easier to take out a management plan yourself for the remedial work on their property – this would be the best situation if you are looking to sell your property, as many mortgage lenders will refuse to allow funds against a property which has Japanese Knotweed growing within 7m of the boundary. This is obviously a last resort and you may need to decide whether or not the sale of the property is worth the treatment cost.

If you think you may have Japanese Knotweed growing on your property, speak to the experts! Get in touch today! Call the Japanese Knotweed Agency on freephone 03335 777 888