According to some reports, homeowners are not aware of their legal responsibility to stop Japanese Knotweed spreading. Only 36% of them know they can be sued and only 18% are aware that they could face criminal prosecution. Japanese knotweed should not be ignored. This page contains information that will help you understand the laws regarding Japanese knotweed.

Japanese Knotweed can grow in the garden of a landowner’s property. He should take every precaution to prevent the invasive weed spreading to neighbouring properties. If this fails, he could be held liable for any damage that was caused by the encroachment. If the knotweed is growing on your property, the landowner could be held responsible.

Give Notice to Your Neighbour

If you want to sue your neighbour, you should give the person or organization responsible for the adjacent land the chance to address the nuisance (knotweed) unless it has been there for quite some time and must be obvious that they are already aware. You should notify your neighbours as soon as possible. Also, make sure you specify what actions you want the landowner to take.

You should ask your neighbour to treat knotweed on their property as well as on theirs. Ideally, the remedy they choose should also include a guarantee. You should also include a description of the possible consequences for them if they ignore the notice. If the knotweed is from commercial land or infrastructure like Council or Network Rail, they are more than likely already aware.

Unreasonable Conduct

A Community Protection Notice (CPN), which can be used under the Act, can be used to order someone to stop or control the growth of Japanese knotweed and other plants that could cause serious problems for communities. The conduct of an individual or body must have a negative effect on the quality or life of others in the area. Section 57 of the Act defines conduct as “a failure to act”. CPNs could be used to force someone to stop or control the growth of Japanese knotweed, or other plants that can cause serious harm to communities.

Fixed Penalty Notice

If an individual or organization isn’t controlling Japanese knotweed, or any other invasive plant, and it could reasonably be expected that they would, the CPN could then be used. A mandatory written warning must be served before the CPN can be used to force them to cease their anti-social behaviour. A community protection notice violation without reasonable excuse would be considered a crime and subject to a fixed penalty. A summary conviction would result in a fine of not more than PS2,500 for an individual. A fine of not more than PS20,000 is possible for an organisation such as a company.

Paramount Knotweed Management Plan

Knotweed is not a reason to deny a mortgage application. Instead, it should be considered on a case-by-case basis. A suitable Knotweed Management Plan must be presented. It can be shocking to discover that your property has knotweed or that your property is infested. However, there are ways to control the infestation. The Knotweed Management Plan is the key.

Legal Rights Against Misrepresentation

Japanese knotweed is a serious problem in the country. The seller must disclose this information to you when buying a house. If the Japanese knotweed is present in a property you’ve purchased, you may sue the seller.

Property value loss

Knotweed infestation can cause property value loss. If a property is found to be infested with Japanese knotweed or Japanese knotweed within 7 metres of the property, it will make it extremely difficult to obtain a mortgage.

A property that is affected by Japanese knotweed loses its value, regardless of whether it is within their boundaries or within 7 metres. This is known as diminution of value. It may be possible to include a claim of diminution in any settlement if you succeed in bringing a Nuisance Claim on a defendant.

Professional Negligence

If you paid for a professional inspection of your property, and the surveyor failed to notice the Japanese knotweed, then you could file a claim for professional negligence against the surveyor. You can file a claim if you can prove that the surveyor should’ve noticed the Japanese knotweed.

The property industry is being hit with problems caused by Japanese knotweed. In just 10 weeks, it can grow 10 cm per day and can reach a height of 3-4 meters. It is illegal for someone to cause or allow the invasive plant spread onto another property.

A new study has shown that the UK has seen an astonishing 28% increase in Japanese knotweed cases in the last five years.

The results of analysing 29,536 confirmed cases of Japanese knotweed in the UK from 49 environmental organizations including National England, Environment Agency and National Trust were reached. The Japanese Knotweed Agency has also started a National Register for England and Wales.

It is extremely difficult to remove the underground roots of this plant. The nationwide treatment of the invasive plant may take up to three decades.

Ask your surveyor to check for Japanese knotweed or other invasive plants when you hire them as a consultant for your new home purchase.

This is particularly important if your property borders an existing or old railway line or is near a river, canal, or stream, Council land or commercial property.

Horticulture conducted a YouGov survey previously to learn more about the plant’s impact on the property market.

According to the YouGov survey, 4/5 of UK homeowners said they wouldn’t buy a house with Japanese knotweed. Just under half of those who said they would still buy the house agreed to lower the price at least 10%.

Many homeowners are not familiar with the plant, according to the survey. The reason is that only half of respondents could identify Japanese knotweed using a selection of photographs.

Questions remain about the government’s response to Japanese knotweed.

A national eradication program was proposed in 2015, but it was rejected by the government due to the staggering £1.5 billion cost.

Due to the current year’s weather, Japanese Knotweed is fast-growing and an invasive plant. This causes homeowners more problems than ever.

Its wet and frosty spring was followed by sunshine and dry weather earlier in the year. Experts are anticipating a rise in Japanese Knotweed incidence, which is already flourishing and growing rapidly.

Buyers and sellers must realise that there is a real possibility of an infestation or evidence of it in their property. This could cause a property to be unable to sell or stop selling.

Japanese Knotweed is a legal requirement for home sellers. The TA6 Property Information Form is used to notify buyers about any negative aspects affecting their home. It also includes a question pertaining Japanese Knotweed.

It is difficult to get a mortgage for a property that has Japanese Knotweed or had it in the past. Many home insurance policies won’t cover Japanese Knotweed. They also won’t cover damage to neighbouring properties or the cost of removing or eliminating the plant.

Japanese Knotweed is classified as a controlled waste under the Environmental Protection Act 1990. It can grow up to 20cm per day. If it is not controlled, its roots can reach deep into foundations and cause damage to walls and drainage systems.

It must be removed and disposed of by an expert. The cost will vary depending on how large the infestation is.

For homeowners, the only way to protect against any damage or remediation caused by Japanese Knotweed in their home is to purchase a Japanese Knotweed-specific insurance policy.

Japanese Knotweed is a contentious plant that can depreciate the value of a property and cause conflict between neighbour’s. The invasive plant is known for spreading quickly and for monopolising gardens. Knotweed grows in large patches that can quickly push out any other competing plant life. Thankfully, Japanese Knotweed is easy to identify, so homeowners can waste no time in getting a treatment plan in place to get rid of the plant.

Although there is plenty of discussion regarding how Japanese Knotweed spreads, and what to do if you’ve bought a property with Knotweed, how this plant first got to the UK is not usually discussed. Japanese Knotweed’s history is an interesting one and can help give insight into why it has flourished so well in the UK and what lessons can be learned when dealing with invasive plants in the future.

Where is Japanese Knotweed originally from?

Japanese Knotweed is originally from Japan and is also native to China and Korea. The plant is one of many species of plants that have been discovered to be growing on the side of volcanoes. In its native land, Japanese Knotweed can reproduce naturally and also benefits from a prodigious underground system of rhizomes. In its native environment, Knotweed is kept in check by natural predators in the form of fungi and insects, not to mention other plants and an environment that can be much more hostile than the United Kingdom.

The plant was originally discovered by Dutch naturalist Maarten Houttuyn in the 18th-Century, he named it Reynoutria japonica, a name which it still goes by today. Unfortunately, the records of this original discovery were lost for some time, so when more European botanists started exploring Japan some 150 years later, the plant was rediscovered and given a new name by a Bavarian botanist, Phillip von Siebold. Siebold and his partner Zuccarini, named the plant Polygonum cuspidatum. It wasn’t until the turn of the 20th century that a Japanese botanist by the name of Makino, discovered that Houttuyn and Siebold’s plant were one and the same.

Who brought Japanese Knotweed to the UK?

Philip von Siebold brought Japanese Knotweed to the UK in 1850, unaware of the impact that it would go on to have on the environment. At the time, botany and the cultivation of plants was a popular interest of the upper classes. Botanist like Siebold would be able to fund their research trips by sending their discoveries back to nurseries on the European continent, where they would then be cultivated and sold onto commercial nurseries or botanical gardens around the world.

Why was Japanese Knotweed imported to the UK?

Japanese Knotweed was imported to the UK for commercial sale and botanical cultivation. Over the time that he spent in Japan, Siebold collected and recorded over 1,000 different plants, often choosing to plant them in the garden behind his research base on Dejima, an artificial island near Nagasaki. Periodically, Siebold would box up a number of samples and send them back to his home in the Netherland. From their new home in Leiden, these plants would be carefully grown and the packaged up for botanical gardens in Belgium and Britain, with an unmarked box containing Japanese Knotweed arriving at London’s Kew Gardens in 1850.

Kew Gardens often relied on these boxes of new plants to keep their own collections diverse and interesting for visitors. After discovering how quickly the plant could grow in Britain, the horticulturists there recognised Japanese Knotweed as a plant that could be easily cultivated and sold on to budding gardeners. Soon the plant was being distributed to garden nurseries around the country and then shared in cuttings by enthusiastic gardeners. In addition to being intentionally spread by people, the plant also began to spread by its own means, populating river banks and finding new routes to the rest of the country along roads and newly built railway lines.

Where does Japanese Knotweed grow in UK?

Japanese Knotweed now grows in almost every area of the UK. The plant was given free rein to spread throughout the country for over a hundred years before being recognised as invasive by the government. By the time Japanese Knotweed was identified as an invasive threat in 1981, it had already been spread by gardeners, dug up and transported by urban development projects and even used to stabilise soil on the sides of railway lines.

The plant is frequently found growing alongside public watercourses such as canals, as well as near railway lines, motorways and public footpaths. Japanese Knotweed thrives in most conditions in the UK and is often found growing on land that has been abandoned or left unattended. For this reason, large infestations can often be discovered in overgrown back gardens, or on abandoned industrial sites.

How common is Japanese Knotweed in the UK?

Japanese Knotweed is a very common sight in the UK. Since the government has made the spread of Japanese Knotweed a more pressing concern, efforts have been made to track where it has been growing throughout the country. Using these statistics, it’s been possible to recognise the areas of the country that have been most affected by Japanese Knotweed. Bolton, Bristol, Conway, Rotherham and Nottingham are areas in the UK that have been affected the most, however exact numbers are difficult to assess

What do I do if I find Japanese Knotweed?

If you find Japanese Knotweed it’s important to ascertain where the plant has come from and to what extent the plant affects your property. You may want to consider contacting a Japanese Knotweed specialist to make a positive identification before you move forward with talking to any neighbour’s who might also have the plant on their land. Ignoring the infestation is not advised, as the plant can quickly multiply, leading to a larger problem to deal with and potentially more costs, if you find that it’s not possible to claim compensation for the cost of treatment.

If you think you’ve found Japanese Knotweed and would like some advice on what to do next, then you can contact us by calling freephone 03335 777 888 or send us a message using the contact form on this page.

Polygonum bidwelliae

Japanese Knotweed can have a negative impact on the value of your property, not to mention causing conflict between neighbour’s and causing stress in your day-to-day life. Discovering a Japanese Knotweed infestation can also lead to some very expensive costs, which many might wish to alleviate by relying on their home insurance. Unfortunately, making a claim on your home insurance after discovering Japanese Knotweed is not always straightforward, or even possible, in some cases.

Does house insurance cover Japanese Knotweed?

Most house insurance policies will not cover losses incurred as a result of Japanese Knotweed. However, there are some exceptions to this rule, such as if the plant has caused subsidence, or if it has spread from a neighbouring property. Having Japanese Knotweed on your land also might prompt other questions, such as how it could affect your premiums and if your insurance might cover the legal costs of a Japanese Knotweed claim made against you.

Will my insurance provider pay for treatment of Japanese Knotweed?

Home insurance providers will not pay for treatment of Japanese Knotweed. If you have discovered the plant on your land and can prove that it has either entered from a neighbouring property, or the seller has lied about the Japanese Knotweed, then you may be able to claim compensation to cover the cost of damages.

Am I covered for damage caused by Japanese Knotweed?

Standard house insurance policies do not typically cover the costs related to repairing the damages caused by Japanese Knotweed growing on your land. However, in the case that the Japanese Knotweed has caused structural damage to your home, like subsidence, you may be able to claim for damages. Although, successful claims are only likely to be made when you can prove that you have taken reasonable steps to eradicate the Japanese Knotweed before the subsidence took place.

This is a good example of how important it is to not delay dealing with a Japanese Knotweed infestation, doing so can result in serious repercussions such as the above, as well as the potential legal implications of allowing the plant to spread to a neighbouring property.

Will my insurance cover Japanese Knotweed from a neighbouring property?

Depending on your policy, your insurance may cover the cost of repairing damage caused by Japanese Knotweed entering from a neighbouring property. In this circumstance, your insurers may seek to pursue your neighbour’s for the costs related to the damage to the property.

Will my insurance cover legal expenses if my neighbour claims for Japanese Knotweed damages?

Your insurance policy might cover the cost of legal expenses in the event that your neighbour attempts to claim for compensation for damages caused by Japanese Knotweed entering your land.

It is against the law to allow Japanese Knotweed to spread from your land into a neighbouring property, regardless of if it’s publicly or privately owned. If your neighbour can prove that you have allowed the plant to spread into their land then you could be found liable for the loss of value of the property, as well as any treatment costs that the infestation might have incurred.

In most cases, you are able to add-on legal expenses insurance on to your standard home insurance policy. You may wish to assess the fine print in your current policy if you’re worried that you might not be covered for this eventuality.

Do I need to inform my insurance provider that I have Japanese Knotweed?

You do not need to inform your insurance provider about the Japanese Knotweed on your land. In the event that you find Japanese Knotweed on your property, you should do as much as you can to prevent it further spreading and causing damage to your property. If you fail to do this, your insurance provider may decline a future claim for damage caused by subsidence, on the grounds that you have acted negligently in not treating the problem sooner. In the eventuality that you are directly asked about the presence of Japanese Knotweed on your property by your insurance provider, you must be honest with them.

Can I get house insurance if I have Japanese Knotweed?

You can still get house insurance if you have Japanese Knotweed on your land. As standard house insurance policies do not tend to cover the costs of removing Japanese Knotweed or the damages caused by the plant to the property insurers are not likely to take this into account. However, in the case that you are directly asked about having Japanese Knotweed, it’s recommended to answer honestly and openly.

Will having Japanese Knotweed affect my house insurance premiums?

Having Japanese Knotweed shouldn’t affect your home insurance premium. Most standard house insurance policies will not cover the removal of Japanese Knotweed, or repairs to anything damaged by it. As such, your discovery of the plant, whether or not it has originated on your land, should not affect your premiums.

However, in the case that you plan on claiming for damages related to subsidence caused by Japanese Knotweed, you will likely find that your premium will increase. Don’t forget that, in the event that you do make a successful claim, you will also have to pay the excess laid out in your policy. Claiming for subsidence cover can also negatively impact your ability to get insurance cover for subsidence in the future, as your home will have been flagged as high-risk by the insurance companies.

What insurance do I need to cover me against Japanese Knotweed?

Since 2015, it has been possible to buy specific Japanese Knotweed insurance which covers the cost of removing the plant, and the potential costs related to claims against you, as a result of the Knotweed spreading to a neighbouring property.

A Japanese Knotweed indemnity insurance policy will cover the costs of treating and removing the infestation, in addition to preventative insurance-backed measures to stop the plant from returning. The policy should also cover the cost of a Japanese Knotweed survey, as well as any reparation costs in relation to damages to the property and legal expenses paid for as a result of claims made against you. These policies were created with the intention of easing the conveyancing process, in cases where homes have been affected by the plant.

Japanese Knotweed insurance policies are usually for 10 years, with the limit of indemnity being based on your property’s market value, offering valuable protection to both you and your mortgage lender. It should be noted that these Japanese Knotweed indemnity policies are only available for residential properties where the presence of the plant is not known, or if treatment has taken place to the satisfaction of the mortgage lender.

Too little, too late?

Unfortunately, Japanese Knotweed indemnity policies, such as the above, have not been advertised to their full extent, so for many, the discovery of them will be a case of too little, too late. If you’ve found Japanese Knotweed on your land, and have found that your insurance does not cover the costs of repairing damages or removal, then you may be able to seek compensation against the seller of the property or even the persons or organisations who have allowed the plant to spread to your land.

Get in touch with us by sending a message using the contact form, or calling us freephone 03335 777 888