This figure has increased significantly in recent years – with the exponential growth of Japanese Knotweed this means 1 house in 20 could be reduced in value by up to £100,000!

At a CPD events run for surveyors, an experienced gentleman stated that he had never come across Japanese Knotweed on any property he had surveyed – this really blew us away as we see it every day. It really highlights the problem that many professionals cannot easily identify Japanese Knotweed. The most common places it can be found are on brownfield sites and areas where fly tipping has occurred. Another common place is at the back of terraced houses and where there are badgers and foxes regularly travelling through a person’s garden. Also houses and land that are located near railway lines and waterways are particularly common, Network Rail having planted Japanese Knotweed along the banks of the railway lines to kill other weeds not knowing that this weed would literally take over; and waterways spread Japanese Knotweed downstream.

The reason why we see a much higher concentration of Japanese Knotweed in these areas is due to the way it reproduces. In the UK the seed is not viable, so although it produces seeds these will not produce viable plants, although a male plant was discovered in the UK in late Autumn 2020 and experts are looking into this. The plants therefore reproduce from cuttings. There are two types of cutting to propagate a new plant; a stem and a rhizome cutting. The stem has to have two nodules, one to become the root and one to become the new shoot. However, if a small piece of the rhizome is taken – and this can be as small as your fingernail – this will produce a new plant. For these reasons we would never recommend strimming Japanese Knotweed or trying to excavate it by yourself as is can be very easily spread, and as we know Japanese Knotweed is restricted waste and must be disposed of at prescribed sites.

If, as a member of the public, you spread Japanese Knotweed you can face a £2,000 fine and, if you are a business, it can be a £20,000 fine with 6 months in prison. Also, if you allow the Japanese Knotweed to grow from your garden into a neighbour’s garden then they can bring a civil case against you for depreciation of the house, loss of enjoyment and even stress! Claims in excess of £30,000 are not uncommon, and we have seen a successful claim in 2019 for £106,000.

Treatment plans are available with an Insurance Backed Guarantee which will satisfy banks offering mortgages and remortgages. Most lending facilities now have Japanese Knotweed safeguards and will not lend unless an insured treatment plan is in place. Japanese Knotweed removal can be extremely expensive and so most opt for a treatment plan.

Surveyors may be the most common professionals to be litigated against if the Japanese Knotweed has not been identified within their survey, and will be attributed to professional negligence. With typical devaluations being 10%+ of the value of the property, this can cause a massive problem when trying to sell your house if you do not have the right people on board to assist you.

Japanese Knotweed Agency offers free support and advice for those affected by Japanese Knotweed. Call freephone 03335 777 888 or visit website www.japaneseknotweedagency.co.uk

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Japanese Knotweed can cause financial difficulties to both homeowners and building developers, especially when plans have been made to build on land that is home to the invasive plant. Despite Japanese Knotweed now being well-documented, homeowners and builders alike are still being presented by new scenarios which require legal guidance. Whilst there have been several precedents set in recent years which have solidified certain aspects of Japanese Knotweed law, it’s not uncommon for landowners to be unsure of where they stand when it comes to building on land with Japanese Knotweed.

Can new buildings be developed on land with Japanese Knotweed?

New buildings can be developed on Japanese Knotweed infested land, however, in order to legally do so, the presence of the plant should be declared and accounted for as part of the planning process. There have been several cases in recent years where building developers have chosen to ignore or hide the Japanese Knotweed on their land, in order to avoid stalling their construction and to hasten the sale of the finished properties.

Unfortunately, building developers are not currently required to fill in the TA6 property form that is a standard part of the process in home exchanges, allowing them to lie about Japanese Knotweed. This legal loophole has allowed new build developers to complete their work and then sell to homeowners who are unaware that they are buying a property affected by the invasive plant. Whilst there is no requirement for a TA6 property form, homebuyers can protect themselves by asking their conveyancing solicitor to ask the developer about any history of Japanese Knotweed on the site.

It is important to note that a Japanese Knotweed trained person can identify Japanese Knotweed, the route of its growth and its age!

Is a Japanese Knotweed survey required before building development takes place?

A Japanese Knotweed survey is not required on land before development takes place, however if there’s a suspicion that the plant might affect the land then a survey could avoid time being wasted and potential money being lost. Japanese Knotweed surveys can be undertaken by ecological experts or chartered surveyors and will either confirm or deny the presence of the plant on the land. In addition to identifying Japanese Knotweed, a survey can help define the extent to which the plant affects the property, this could then impact any control plans that might be put together.

For example, if the Japanese Knotweed is only discovered in an isolated patch, then it may be possible for this portion of land to be demarcated and for construction to continue regardless. Conversely, if the infestation is found to be widespread, then controlled excavations might need to be conducted in order to properly remove any remnants of the plant from the land before building takes place. Unfortunately, in some cases, surveyors miss Japanese Knotweed, leading to a sale going through and a buyer being left out of pocket.

Is planning permission required to build on land with Japanese Knotweed?

Planning permission is required before most kinds of building development takes place, this includes land with Japanese Knotweed. Most councils will have policies in place concerning Japanese Knotweed, and might also be aware of where the plant has already been discovered. Ignoring the presence of the plant and choosing to move soil contaminated with Japanese Knotweed is a criminal offence under the Wildlife and Countryside Act 1981, which can lead to a heavy fine and even imprisonment.

In cases where the owner of the land is aware of Japanese Knotweed on their own land, then they may need to make specific planning conditions alongside their application to show that they have factored the plant into their plans. Planning conditions set out how the Japanese Knotweed will be controlled throughout the building development. This will include an assessment of control options, criteria for the completion of control measures and details on how those working on the site will prevent the further spread of the Japanese Knotweed.

Should Japanese Knotweed be removed before building starts?

Japanese Knotweed may need to be removed from land before building commences, depending on the severity of the infestation. This plant has the capability to grow up to 3 metres deep and 7 metres laterally from its visible point above ground, so in the case of large infestations, underground rhizome systems can sometimes be spread much further than may first appear. Due to the plant’s seasonal growth patterns, and tenacious growth characteristics, the entire removal of the Japanese Knotweed could be required in order to ensure that it does not disturb foundations, or exploit any weaknesses whilst searching for a route to moisture and sunlight.

There a number of laws that control the removal of Japanese Knotweed contaminated waste, additionally, building contractors are subject to more regulations that private landowners. In order to avoid large fines, developers should ensure that only registered waste carriers are used to dispose of any contaminated soil. It’s illegal to dispose of Japanese Knotweed along with other soil, and it’s also recommended to inform the chosen waste disposal site before dropping off the controlled waste.

Will Japanese Knotweed grow through new builds?

Japanese Knotweed has been known to grow through new builds, however, this usually only occurs in circumstances where an infestation is particularly large. Although the destructive ability of Japanese Knotweed has been exaggerated by some media sources, the plant still remains a force to be reckoned with. In a recent report by the Science and Technology Committee, experts from across the industry gave their findings on how the plant affects buildings, and whilst many agreed that it was capable of damaging buildings, it was admitted that this damage was no worse than what could be done by common trees.

With that being said, it was noted that whilst trees such as buddleias could feasibly do more damage to property than Japanese Knotweed, these trees were much easier to remove. It was agreed that whilst the destructive abilities of Japanese Knotweed had been overblown by some in the industry, their hardiness and resistance to traditional forms of removal had not been understated.

How much could a property be devalued by, if it’s built on Japanese Knotweed?

A property can be devalued by 10% up to 100%, if Japanese Knotweed is discovered on the land it is built on. In extreme cases, a home can be almost completely devalued by Japanese Knotweed, such as in the case of the Jones’, a family in Bedford who were told that their new build had dropped in price from £350,000 to £50,000, after having lived there for one month. It should be noted that, besides the devaluation of the property, there might also be additional costs incurred as a result of building on land with Japanese Knotweed.

For example, if the seller attempts to lie about the presence of Japanese Knotweed on their land, then they could be sued for misrepresentation by the buyer. In a survey of 100 individuals who had been affected by Japanese Knotweed (undertaken by the Crop Protection Association), 15% had seen a property deal through as a result of the discovery of the plant, whereas 20% saw a drop in their house value and 10% were forced to pay compensation of some kind as a result of finding the plant on their land.

Do you have to declare Japanese Knotweed after it’s been built on?

Property owners do not have to declare Japanese Knotweed after building on the land if they are planning on staying on the property, however, they should make any potential buyer of the property aware about the presence of Japanese Knotweed, otherwise, they may be liable for misrepresentation. Any person choosing to live on land affected by Japanese Knotweed will be legally responsible for ensuring that it does not spread to neighbouring properties. If the plant is allowed to spread, whether during the construction process or by any other means, the owner of the land will be liable to fines or imprisonment.

Is it possible to build on land with Japanese Knotweed while it’s being treated?

It is possible to build on land with Japanese Knotweed while it is being treated, depending on the size of the infestation, the choice of treatment and the planned development. Unfortunately, in cases where there is a concentrated infestation over a small area of land, it may be impossible to undergo construction until the Japanese Knotweed has been dealt with. A thorough Japanese Knotweed survey, in association with a set of planning conditions, can help to decide whether the development will be able to begin before, after or during the treatment of the plant.

When a Japanese Knotweed infestation of 4 acres was discovered before work was due to be undertaken on the Olympic Park for the 2012 games, it was decided that treatment and removal of the plant could be managed in tandem with construction. Despite the 4 hectares comprising less than 2% of the entire park, the overall treatment ended up costing £70 million and took years to complete. Due to the strict limitations placed on the movement of Knotweed contaminated waste, the Environment Agency, London Development Agency and Olympic Delivery Authority devised a varied approach including glyphosate treatment, burning and burial beneath a protective membrane.

Will Japanese Knotweed deter developers from buying land to build on?

The presence of Japanese Knotweed will likely act as a deterrent for most developers who are planning on building on the land. Whilst Japanese Knotweed is not treated with the same level of outright fear as it once was, its presence devalues property and can cause delays in the sale of the land. In order to build on land that has Japanese Knotweed, developers should set out planned conditions, so that they do not inadvertently spread the plant, and they should also inform any future buyers that Japanese Knotweed is present, regardless of if it has already been treated.

After positive identification has been made of any Japanese knotweed infestation, it becomes necessary for other parties to be notified of the problem so that they have the opportunity to respond. In most Japanese knotweed compensation claims, legal action cannot be pursued until all parties have been informed of the infestation. Notifying authorities of Japanese knotweed on public land can also help to prevent the ongoing spread of the plant.

Is it illegal to not report Japanese knotweed in your garden?

It is not illegal to have Japanese knotweed in your garden, or on your land. If you have discovered the plant on your land then you are under no legal obligation to notify anyone about it or even treat the plant. You are, however, responsible for ensuring that the plant does not spread into neighbouring land, whether it be privately or publicly owned. You cannot see its growth and spread underground and if you are aware and do nothing, you leave yourself at risk of a claim being made against you.

Is Japanese knotweed notifiable?

Japanese knotweed is not a notifiable plant. Unlike some other invasive plants which require immediate action on the part of the landowner, the government does not have to be informed about the infestation, nor to your neighbour’s. You don’t have to report Japanese knotweed on someone else’s land either, however, you may choose to do so if you feel like the plant could enter your land, or if you feel like it is at risk of further damaging the environment.

When should you report Japanese knotweed?

You should report Japanese knotweed if you think that it is causing damage to your local environment if you think it might soon enter your property, or even if you think that it might not have been identified yet by local authorities. Although you are not legally required to do so, reporting Japanese knotweed to the appropriate authorities can help the government keep track of the ongoing threat of this invasive plant.

Do you have to notify your estate agent about Japanese knotweed?

You should notify your estate agent about Japanese knotweed on your land as soon as possible. If you’re planning on selling a property with Japanese knotweed then you should be as honest as possible with your estate agent. You will have a better chance to sell your property if the estate agent has access to all the information about it. They are legally obligated to present your home truthfully, so by failing to mention the infestation to them, you may risk endangering any future sale in addition to your business relationship with them.

Do you have to notify potential buyers about Japanese knotweed?

You must notify potential buyers about Japanese knotweed on your land, this is done using the TA6 Property Information Form which is filled out by property owners and given to prospective buyers so that they can have access to all the facts about the property. Failing to answer truthfully on this form can result in a claim of misrepresentation being put against you, and could also lead to a sale falling through, which can have a knock-on effect on any purchase that you might be planning on making yourself.

Must a surveyor report Japanese knotweed?

A surveyor must report Japanese knotweed if they identify it whilst carrying out their work. Regardless of whom is paying them for their services, surveyors have an ethical duty to report any invasive plant they might discover. RICS qualified surveyors are trained to look for Japanese knotweed, especially when they feel that the area that the property is located in is at particular risk of having the plant, there are occasions, however, when they miss it on their survey.

How do you report Japanese knotweed?

If you are planning on reporting Japanese knotweed then you may wish to make a few notes about the infestation before doing so. Whether you are telling the local authority or sending a formal letter to a neighbour or organisation, you are likely to get a better response by providing as much detail about the problem as possible.

For example, you may wish to include an estimate of how much land has been affected by the plant. Depending on where the land is, you could also take photographs of the plants and include these with the exact coordinates of the location. This can be of particular use when you are reporting a Japanese knotweed infestation that is in an isolated location, or along a footpath without any clear landmarks. You could also make a note of whether or not the infestation has been treated, or if it looks like an attempt has been made to remove the knotweed.

How do you report Japanese knotweed on neighbour’s land?

Reporting Japanese knotweed on your neighbour’s land to local authorities is a positive step towards stopping the plant from entering your land, however, it should only be done if you have first formally told your neighbour’s of the infestation.

If they choose to ignore your formal letter, then you’ll have evidence to support your request for a Community Protection Notice (CPN) from the local authority to enforce them to deal with the infestation on their property.

In order to obtain a CPN against your neighbour, it must be proven that they have refused to take reasonable steps to deal with the infestation. Before reporting the Japanese knotweed to any authorities, you should try talking to your neighbour first, it’s possible that you may be able to come to an agreement before having to escalate the matter further.

How do you report Japanese knotweed to your landlord?

You can report Japanese knotweed to your landlord by writing to them with as much detail as possible regarding the infestation. As with most discoveries of Japanese knotweed, it’s best to tackle any infestation as early as possible, to avoid costs of treatment potentially spiraling out of control.

Depending on the lease that you have signed with your landlord, you may find that you are liable for the costs of treatment. In the event of this happening, you may want to investigate the source of the infestation, as there could be a possibility that the knotweed entered from another property, making the owner of that property liable instead.

How do you report Japanese knotweed on neighbouring council land?

You can report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. Local councils are subject to the same knotweed laws as any other organisation; therefore, they are prohibited to allow Japanese knotweed to spread from public land into privately owned land.

Many local councils have electronic systems in place to deal with maintenance requests from citizens. You should make sure to include as much detail as possible in your report regarding the severity of the infestation, as well as any photos you have to back up your claim. The sooner you put this report in, the sooner you’ll get a response; don’t wait for the infestation to get any worse before taking action.

How do you report Japanese knotweed on public land?

You can report Japanese knotweed that you’ve identified on public land by either contacting your local authority via their website or by using the Plant tracker app on your phone. The government actively encourages citizens to submit their sightings of Japanese knotweed, regardless of if it is on neighbouring land or not. As the invasive plant has continued to spread throughout the country, there is now a greater need for members of the public to report Japanese knotweed where possible, in order to curb its ongoing growth.

How do you report fly tipping of Japanese knotweed?

Report fly tipping of Japanese knotweed by calling the Environment Agency on their 24-hour freephone number (0800 80 70 60). Fly tipping any material that contains Japanese knotweed is a criminal offence that can be punishable with up to 2 years imprisonment and an unlimited fine on indictment. The most common reason for the fly tipping of Japanese knotweed is when construction firms do not want to pay for getting rid of the knotweed, this inevitably leads to new infestations rising, which can cost the affected landowner thousands to deal with.

How do you report Japanese knotweed to Network Rail?

You can report Japanese knotweed to Network Rail by calling their helpline (03457 11 41 41) or using their website. A landmark court case in 2017 set a precedent whereby Network Rail had to pay compensation to homeowners in South Wales, who were able to prove that Japanese knotweed encroaching onto their land from railway embankments caused the value of their home to diminish.

Since this case, Network Rail has been forced to spend over £1.2 million in Japanese knotweed treatment and compensation claims, however, some are reporting that they are still responding too slowly to requests. In the case that you do not receive a response from them, or they take a long amount of time to do so, then you may be able to claim compensation against them.

Remember, you do not need to report to Network Rail or any other body if Japanese Knotweed has come from their land on to yours, you can protect yourself by making a claim at any stage.

If you’ve found Japanese knotweed encroaching on your land, and are unsure of who to report it to, then please call us on freephone 03335 777 888, or send us a message using the contact form on our website.

Over the last decade, Japanese knotweed has developed a reputation for being one of the most aggressive, invasive plants to be currently blighting the country. However, despite the plant’s fearsome reputation, there can still be some confusion as to what it actually does. This article will explain what Japanese knotweed does from two perspectives: environmental and financial. The examples cited here should be considered within the larger context of Japanese knotweed cases, this plant can thrive in all sorts of environments, but no single infestation is the same.

What are the environmental impacts of Japanese knotweed?

Japanese knotweed has a number of physical characteristics which has made it particularly troublesome in the UK, chief of these is the incredible speed that it grows at. Whilst it does die back during winter, its peak growth during the summer can see it growing up to 20cm a day and 1.5 metres in the space of a week. Coupled with its incredible resilience, it’s unsurprising that the government has labelled Japanese knotweed as an invasive threat

Not only does Japanese knotweed grow fast, but it also spreads at an alarming rate. Although the plant does not propagate in the usual fashion in the UK (only the female of the species was imported to Britain in the 19th century), it spreads via an underground root system, comprised of rhizomes. Not only are these roots fast-growing, but they’re also capable of growing from the smallest of fragments, which was one of the driving factors behind the government making it a criminal offence to move soil that has been contaminated with the plant.

Unfortunately, despite the control measures that have been put in place, the spread of Japanese knotweed has continued to the point where the plant is estimated to an infestation for every 10 square kilometres in Britain, according to PlantTracker who produced data that helped build a map showing the spread of Japanese knotweed in the UK.

How deep are Japanese knotweed roots?

Japanese knotweed roots can develop a system that burrows up to 3 metres deep underground and a further 7 metres horizontally from where the plant breaks ground. The depth and complexity of this root system make it a difficult and costly task to remove completely. Whilst digging out the plant is considered to be one of the most effective methods of eradicating Japanese knotweed, the cost and disruption of doing so can be prohibitive to some.

Does Japanese knotweed smell?

Japanese knotweed does not have a particularly distinctive smell. Its scent is not considered to be one of its defining features and does not contribute to its undesirable reputation.

Is Japanese knotweed dangerous?

Japanese knotweed is not poisonous, nor does it pose any physical danger to animals or people. The plant does, however, pose a threat to native plants that are not as well equipped to compete with this foreign element. The environmental impact that this plant has on our own wildlife is often overlooked in favour of the financial costs of treating it. When the plant is allowed to thrive on public waterways or on disused industrial lots, it can quickly stifle the growth of any other plants growing nearby.

What are the financial impacts of Japanese knotweed

Setting aside the environmental impact of this invasive species,  an infestation can have serious financial implications for all involved. Homeowners discovering Japanese knotweed are faced with the knowledge that the value of their home will almost definitely depreciate. Developers who want to build on land with Japanese knotweed may have to completely redraw their plans, as they might have to pay for the complete removal of the infestation before they can go ahead with any construction. For example, plans for developments, in the lead up to the London 2012 Olympics, were delayed when a massive infestation was discovered on the proposed land. Teams spent four years getting the weed under control.

Perhaps most frustratingly, Japanese knotweed infestations can lead to wasted time and the collapse of property chains, which come with their own set of financial pitfalls. For example, often a prospective buyer may spend hundreds of pounds on surveying a property, under the impression that there is no Japanese knotweed present (according to the TA6 property form). On discovering a significant infestation and not wishing to take on the responsibility that comes with treating it, the buyer may drop out of the purchase, but there will be no legal recourse for them to recover the money that they spent on the survey as no form contract would have been signed.

All told, Japanese knotweed is estimated to cost the UK economy £166 million per year for treatment and in property devaluations.

What does Japanese knotweed do to a house?

Japanese knotweed does not necessarily ‘write off’ a house. How the plant affects the property will depend on the severity of the infestation and how close the plants are to the buildings. Although it’s possible to find evidence of Japanese knotweed literally breaking through into homes, this is rare and usually the result of a combination of poor building maintenance and a particularly aggressive infestation. Japanese knotweed’s predominant effect on a house is financial. In the average case of Japanese knotweed discoveries, the value of the property is diminished between 5-20%.

Can Japanese knotweed grow through concrete?

There is some photographic evidence to prove that Japanese knotweed can grow through concrete, however, this has only been noted to happen in scenarios where the infestation is particularly bad and the construction work is particularly shoddy. In extreme cases, Japanese knotweed is also know to disrupt independent structures such as garden sheds, greenhouses, fences. The plant can also slowly break through shoddy brickwork, paving and tarmac.

Can Japanese knotweed damage foundations?

It’s possible for Japanese knotweed to damage the foundations of a house, but this will only happen when infestations are long-established and there are already weaknesses in the building. In very rare cases, Japanese knotweed has been known to break its way through floorboards and skirting boards which can lead to a house being unsellable, as in the case of the Joneses in Broxbourne who were recommended to demolish their entire home. Their property’s value plummeted from £350,000 to £50,000 – a rare example but one which has had an impact on the industry at large.

Can you sell a house with Japanese knotweed?

It is legal to sell a house with Japanese knotweed, however, the invasive plant’s reputation often makes it difficult to sell up when the time comes to it. If you’re attempting to sell a property with Japanese knotweed then you should state that the property has been affected on the TA6 property form. Similarly, if you’re aware that the land has been treated at some point, even if the knotweed has died off, you should still mention it. Failing to mention or lying about your property being affected by Japanese knotweed could lead to a misrepresentation claim being brought against you.

Can you get a mortgage on a property with Japanese knotweed?

You can get a mortgage on a property with Japanese knotweed, but most mortgage lenders will first ask to see evidence of a knotweed management plan being in place. This plan will prove that you have hired a PCA-accredited removal firm to manage the removal of the plant, and will also be insurance backed, so that in the event that the firm goes out of business before the plan is complete, another company will carry on the work. Although some lenders have relaxed their stance on Japanese knotweed, there are some that still refuse to give mortgages for properties affected by it. Re-mortgaging properties that have recently become infested can also be difficult, depending on the lender that you’re dealing with.

Finally, a Japanese knotweed infestation can also be the root of tension and conflict between two parties, whether they’re neighbours, or strangers attempting to negotiate a sale. Due to the potential legal complications that can ensue from the discovery of Japanese knotweed, the plant can also be responsible for undue stress and pressure as individuals attempt to fight their corner without the legal help that they need to succeed. Without legal aid, parties can quickly become trapped in a frustrating back and forth with councils or organisations, this time wasted can only add to the pressure as both parties are aware that whilst the discussion is ongoing, the infestation is being allowed to continue growing.

If you’ve discovered Japanese knotweed on your land, or are currently locked in a dispute related to it, then we may be able to help. Give us a call or send us a message using the contact form, and we’ll get back to you with guidance on how best to proceed

Freephone 03335 777 888

The internet is filled with masses of information regarding Japanese Knotweed, and some of it can be particularly frightening. We receive dozens of phone calls every day, and many people as us to debunk myths that they have read online. Here are some of the most common, and why they are incorrect.

“You kill Japanese Knotweed by cutting it down and pouring bleach into it”

There are many different versions of this one using various different substances, but the answer to them all is no. The only substance we know to kill Japanese Knotweed is a glyphosate-based herbicide. Unfortunately, the herbicides which are available to the public are also not strong enough to do the job. The herbicide experts will use is 300x stronger than anything available for purchase by the public.

“You cannot get a mortgage on a property if it has Japanese Knotweed”

We receive many panicked telephone calls from people on both sides of the purchase who believe this to be true, but worry not, because we can help. We can support your enquiry with a Site Survey and Management Plan by an accredited firm, coupled with an insurance backed guarantee. If you have these documents in place from an accredited company, mortgage lenders will typically release the funds.

“Japanese Knotweed can break through concrete”

There are many horror stories littered across the internet regarding Japanese Knotweed, often about its strength and the damage it is capable of doing. Japanese Knotweed cannot break through a solid piece of concrete in a normal way. It will, however, seek out any cracks or weaknesses in any structure, and many properties will have small cracks or movements below ground caused by various things including subsidence and foundation settling. Like all plants, Japanese Knotweed seeks light when underground. Its rapid growth means that a small piece could find its way through a crack, and then push it open as it grows.

Japanese Knotweed is not a superhero, but should still be taken seriously.

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

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