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

Japanese Knotweed is a nuisance plant that can set back house sales, cost homeowners thousands in removal costs and hours of precious time in settling legal matters. Whether it is growing in your neighbour’s garden, or you’ve just bought a house with Japanese Knotweed, it’s likely that you’ll want to find out as much about this foreign invader as possible, and it’s not unreasonable to wonder whether this much-maligned plant could cause you or your family harm.

Is Japanese Knotweed poisonous?

Despite its fierce reputation, Japanese Knotweed is not poisonous. Although the plant is an incredibly quick grower and can prove to be a resilient enemy for homeowners, it does not contain any poisonous element, unlike other plants that are featured on Schedule 9 of the Wildlife and Countryside Act 1981.

Is Japanese Knotweed harmful to humans?

Japanese Knotweed is not harmful to humans, although some have reported that contact with the plant can cause some mild skin irritation. Japanese Knotweed is often confused for Giant Hogweed, which does pose a real threat to people. Giant Hogweed’s sap can irritate the skin, causing blisters, rashes and even blindness. For that reason, it’s a good idea to make sure you positively identify Japanese Knotweed before handling it in any way.

Is Japanese Knotweed poisonous to pets?

Japanese Knotweed is not poisonous to pets. There are many plants that could cause harm to your pets, but Japanese Knotweed is not one of them. Common house pets such as cats and dogs are unlikely to take a bite of the plant, but even if they do, they shouldn’t come to any harm as a result.

Can animals eat Japanese Knotweed?

Grazing animals, such as goats, can eat Japanese Knotweed however, farmers should seriously consider this option before allowing their herd to do so as animal consumption could lead to undue dispersal of the plant. Japanese Knotweed is a unique invasive plant as it is too cold for the plant’s seeds to properly germinate in the UK. The plant multiplies via its rhizome system which can reproduce from the smallest of fragments. Allowing animals to eat Japanese Knotweed could further disperse these rhizomes and exacerbate the infestation.

Can people eat Japanese Knotweed?

It is possible for people to eat Japanese Knotweed, however, there are some risks inherent in doing so. Some plant foragers have identified the best times of year to harvest the invasive plant, however, this must be done with caution. The plant is said to be edible as a young tender stem during the months of April and May. As the plant matures, the stems toughen and can cause abrasions in the mouth. Although there is a wealth of recipes online, it’s worth noting that there are few specific health benefits associated with eating it, other than as a herbal treatment for Lyme Disease and a means to lowering cholesterol.

In the event that Japanese Knotweed is harvested for consumption great care should be taken to ensure that the plant has not already been chemically treated. Those intent on foraging Japanese Knotweed should also ensure that they do so within the law pertaining to Japanese Knotweed. It is an offence to cause the spread of the plant and those who are found to do so could be fined or even imprisoned. Make sure you fully understand the legal implications of handling Japanese Knotweed before planning a foraging trip.

What does Knotweed taste like?

Botanist and columnist James Wong has reported that Japanese Knotweed has a similar ‘bright and tangy flavour’ to rhubarb and noted in his article for the Guardian that it can be served in a variety of ways including desserts, such as crumbles, or as a chutney or sauce with cheese or meat. Foragers have noted that is has a lemony flavour and can also be used in the creation of wine or beer.

Japanese Knotweed is not poisonous, but whilst eating the plant is certainly possible, it’s by no means the most effective method of removing it. Getting rid of Japanese Knotweed is best managed with the help of an experienced firm and an insurance-backed PCA-accredited treatment plan.

For more information and support contact the Japanese Knotweed Agency on freephone 03335 777 888