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. S14(2) 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.”  A defence under s.14(3) is that the accused took all reasonable steps and exercised due diligence to avoid committing an offence. My surveyor missed the Japanese knotweed – can I do anything about it? These may sound like heavy penalties, but it serves to demonstrate how seriously the law treats the spread of Japanese knotweed and is intended to deter citizens from giving this plant free reign to grow on their land. These regulations require any person using pesticide to take all reasonable precautions in order to protect the health of their fellow human beings, other creatures and plants. You will be liable for the spread of the plant even if you have attempted to stop its spread by composting or burying it. Note: Only verified records appear on the map. 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. Following the Committee’s paper of 16 May 2019, the Government has welcomed the Committee’s findings, agreeing that Japanese knotweed (“JK”) may have been disproportionately singled out above other invasive plants and that an evidenced-based approach is required. Who is responsible for clearing Japanese knotweed? The family name of Polygonaceae is derived from the Greek words, “Poly” meaning many, and “goni” meaning knee or joint. Unfortunately, it’s unlikely that your home insurance will cover Japanese knotweed, so you will not be able to rely on it to financially support the removal of the Japanese knotweed or any damage caused to your home. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. Even if the knotweed is treated and removed, losses can still be between 6-9%. If you find Japanese knotweed on your land then you should take care to isolate the area and establish how much of your property has been affected by the plant. Some Japanese Knotweed News articles will say you can kill the roots of Japanese Knotweed with chemicals, however, you do need an NPTC qualified person to work with the required chemicals and knows the best process to follow as a result of new legislation which covers the management and removal of Japanese Knotweed. 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. Any remains should still be treated as controlled waste and be disposed of accordingly. Disputes surrounding the spread of Japanese Knotweed from one property to another are considered a civil matter between landowners. Related: How To Identify Japanese Knotweed. Legislation regarding Japanese Knotweed. relating to its release and disposal of waste). 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. "Poly" means many and "gony" is from the Greek for "knee", giving many jointed. No liability shall be accepted by the Directors of Cobleys Solicitors Ltd. Cobleys Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA No. RICS surveyors should keep up to date with the current guidelines in relation to invasive plants if they miss Japanese knotweed on a survey then they may be sued for professional negligence. Should you wish to legally build on land with Japanese knotweed then you will need to follow a few steps, to ensure that you’re not held liable years down the line. Besides the Anti-social Behaviour Crime and Policing Act 2014, the main legislation that identifies and controls Japanese knotweed is the Environmental Protection Act 1990 (EPA 1990) and the Wildlife and Countryside Act 1981 (WCA 1981). This precedent has been set in cases involving both individuals and large organisations, so whether you’re dealing with Japanese knotweed on council land or from a next door neighbour, you should be able to claim for the treatment of the infestation. A professional evaluation and survey will be able to answer the questions that you have and give you an idea of the actions that you’ll need to take to get rid of the infestation. Related: What Does Japanese knotweed Really Do? Paolo Martini is the lead solicitor for Knotweed Help and has over 30 years of experience in the field of Civil Litigation and is an expert on the legal issues faced by individuals dealing with Japanese knotweed on their land. 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. Normally, documented treatment with herbicide is … 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. We have developed a range of UK-based training options to provide you with practical, commercial and tailored assistance where you need it most. It’s important that you either supervise the disposal of the infestation yourself, or hire a specialist to take responsibility for it. 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 : info@knotweed.ie You do not need to report the presence of Japanese knotweed on your land, however, should you wish to voluntarily declare your Japanese knotweed or report an infestation on public land, then you can do so by visiting the Non-native Species Secretariat website. 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. In the event that you discover an infestation on your land, you are not legally required to declare Japanese knotweed to the authorities. Environement Agency on knotweed. Has Your Surveyor Missed Japanese Knotweed? 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. Japanese knotweed crown and rhizomes (which make up the roots of the plant) can survive burning. It was originally brought to Britain for its beauty and was named the “most interesting ornamental plant of the year” in 1847. Getting A Mortgage With Japanese Knotweed, Dormant Japanese Knotweed: Your Questions Answered. By Paolo Martini on 11th February 2019 (updated: 14th July 2020) in News. In order for a landowner to be considered to be persistently acting in a way that is detrimental to the quality of life to those in the locality (as it’s laid out in the Anti-social Behaviour Crime and Policing Act 2014) it must be proved that the individual has not taken reasonable steps to remove the infestation. You’ll need an environmental permit or registered waste exemption before you start burning your Japanese knotweed waste. A Guide To Getting Rid Of Japanese Knotweed, Japanese Knotweed Growing In Neighbour’s Garden: Legal Implications, Has Your Property Seller Lied About Japanese Knotweed? His in-depth legal experience and connections to the Japanese knotweed removal industry make him uniquely suited for handling your case. In both cases, you should not bury any other types of waste with it. 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. ... Japanese Knotweed Legislation and Your Rights. 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. You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. Using herbicide sprays to remove Japanese knotweed is not an instant fix, depending on the size of the infestation it may take up to 3 years for the treatment to soak down into the rhizomes underground. And how to make a. Think You’ve Found Knotweed On Your Property? 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. The core of these regulations is the EU’s list of Invasive Alien Species of Union Concern (the Union List).. It will be interesting to see if these studies lead to any shift in approach away from the “menace to homeowners” that Knotweed is currently considered to be. Similar to here, in England and Wales it is not illegal to have Japanese Knotweed on your land, and owners disposing of it illegally may be prosecuted through waste duty of care legislation. Japanese knotweed is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. 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, 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. A  leading cited Knotweed case is the 2018 case of Network Rail Infrastructure Ltd v Williams and another. This result proves that turning a blind eye to your knotweed problem is not a good idea, especially when it is threatening to leave the confines of your land. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and … Japanese knotweed is classed as ‘controlled waste’ and as such must be disposed of safely at a licensed landfill site according to the Environmental Protection Act (Duty of Care) Regulations 1991. This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms. During the winter, these stems appear to die off, becoming brown and brittle. 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. Both these actions have been recommended for the end of this year. A Japanese knotweed specific question is included on most pre-contract enquiry questionnaires, which are based on the Law Society’s TA6 Form. Copyright © 2020, Squire Patton Boggs. Here’s What To Do. Legislation. Fri 5 Apr 2019 06.46 EDT. 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. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. Reporting Japanese knotweed to a 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. The claimants claimed an injunction requiring the removal or treatment of the Knotweed by Network Rail, as well as damages. Case law recognises the civil wrongs of nuisance, both private and public and these are particularly relevant in Knotweed cases. Ruling in Mr Ryb’s favour, Judge Luba said the commissioned report “did fall short of the standard to be required of a reasonably competent surveyor”. Bought a House With Japanese Knotweed? 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. 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. 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. Japanese knotweed rhizome. 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. Ensure that any waste is also covered or enclosed within the vehicles that you’re using for the task. Due to its destructive nature, Japanese knotweed in residential areas is now legislated under the Anti-Social Behaviour Act. Japanese knotweed spreads via the transferral of contaminated soil, or the unlawful tipping of cuttings. 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. 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. What is Japanese Knotweed? The discovery of a new hybrid form of Japanese Knotweed (a cross between Japanese Knotweed and Giant Knotweed) which could be even more destructive than its parent plant, has started another round of concern over the effects of this invasive species. ... Japanese knotweed is … 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. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and evidence-based approach is needed to ensure that the impact is proportionate to the physical effects of the plant in the built environment”. What does it look like? Guide To Selling A Property With Japanese Knotweed. The claimants in this case Mr Williams and Mr Waistell, were adjoining freehold owners of semi-detatched bungalows in South Wales. Japanese knotweed is frequently discussed in the media in the context of property Full list of resources related to Japanese knotweed legal advice: Anti-social Behaviour Crime and Policing Act 2014, Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981), selling a property with Japanese knotweed, seller who has lied about Japanese knotweed, What to do if you’ve found Japanese knotweed on your property, home insurance will cover Japanese knotweed, What to do if you’ve bought a property with 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. Knee '', giving many jointed its destructive nature, Japanese knotweed make him uniquely for! Spread by composting or burying it meaning knee or joint with the natural world the. 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