Heavy machinery is required and the plant can regrow from a piece of rhizome as small as a fingernail! The treatment protocol we follow here at Japanese Knotweed Expert is detailed below. If your neighbour’s land has Japanese Knotweed that encroaches onto your land, you may have an actionable negligence claim if they are not removing or treating the plant. The claimants asserted their loss was caused by the presence of the weed which could knock 10% (£50,000) off the value of the beach-side family home. This has been a thorny issue for some time, and it … It is best to identify and treat Japanese knotweed as soon as possible as this not only leads to a faster resolution but is more cost effective. Ask if they could seek professional advice for the problem. The claimants, (Mr and Mrs Smith) purchased a seaside property 15 years ago. This information applies to England, where we are based, Wales and Northern Ireland. What should I do if my neighbour has Japanese Knotweed? Reporting Japanese knotweed on your neighbours’ 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 neighbours of the infestation. Chris Langford is a Trainee Solicitor within Berwins' commercial litigation team. Do not seek legal action straight away as your neighbour may not be aware of the issue. The buyer pulled out after the survey revealed there was Japanese knotweed in the next door neighbour’s garden, meaning they could not secure a mortgage. Discovering you’ve got Japanese knotweed in your garden can be worrying. If you believe that your neighbour has Japanese knotweed & that it is spreading in to your garden. If you are transporting Japanese Knotweed waste you need a Waste Carrier’s license. You will essentially be making a private nuisance claim against your neighbour and the cost of taking such action must be considered. authorised and regulated by the Solicitors Regulation Authority number Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. Neighbour’s Japanese Knotweed Has Caused My Floor To Fall In But I Don’t Want To Litigate (Wales) Civil Issues Just as the title states, I own a three story shop on a main road, I don’t use the shop or the 1st floor flat (other than to store things) and I live in the 2nd floor flat. What if your neighbour has Japanese Knotweed? You do not have to remove Japanese knotweed from your land, but you could be prosecuted or given a community protection notice for causing a nuisance if … There is no industry-wide standard, though the Royal Institution of Chartered Surveyors (RICS) has five categories, and these broadly fit into how lenders view your knotweed problem, each rising in severity. VAT No 613 3482 62, The legal implications of Japanese Knotweed in a neighbour's garden. Ms Line’s line of defence was that she had done everything possible to stop the spread through maintenance and herbicides. In this case, the Court also ruled in favour of the claimants. What followed was a 15-year dispute between the neighbours as the knotweed grew closer to the claimant’s land. A recent County Court Case has highlighted one of the many areas a neighbour dispute can arise in – this one being a particularly knotty dispute relating to a legal battle between warring neighbours over Japanese Knotweed. So we hold ourselves to high standards in everything that we do. If Japanese knotweed from neighbouring land has encroached onto your property then you should seek legal advice about your rights of redress. If you think that your neighbour has Japanese knotweed you should alert them as soon as possible as it can cause serious damage to their property and the environment. You know it’s not a good thing, but what should you do? The short answer is no. Knotweed nuisance. & If you have bought a house that's affected by Japanese knotweed, and you are able to show the seller knew about Japanese knotweed on the property, you can sue the seller. This means that they must be taken to a licensed landfill site. Here at Japanese Knotweed Specialists, we like to keep people informed, hence this Japanese knotweed information blog. However, it can be beneficial for both parties if the problem is dealt with way before it reaches this stage. All rights reserved. The Government website has guidance called "Prevent Japanese knotweed from spreading". Japanese knotweed is similar to any other weed – it is best treated in the spring and summer, when the rain is less likely to wash away any herbicide-based treatment. If they do not agree to arrange for a treatment programme to be carried out, you may be able to bring a claim in nuisance against them. Japanese Knotweed removal – what not to do. Our purpose is to make a positive difference to the lives of our clients and colleague. ... (TA6) and one of the questions within this is whether the property has Japanese knotweed. The treatment protocol we follow here at Japanese Knotweed Expert is detailed below. Japanese Knotweed can grow up to ten cm per day, with roots growing out in a seven-metre radius, meaning it can quickly spread from one garden to another, infesting whole areas. Failing this, a solicitor and an invasive weed specialist such as ourselves will be able to assist you in getting a solution. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. The court ruled in favour of the claimants. Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. To see just how fast Japanese Knotweed spreads, here is a time-lapse video of Japanese Knotweed growth. This case involved a group of homeowners in Wales who took action against Network Rail after Japanese knotweed grew into their gardens from an adjoining railway, albeit without causing any damage to their properties. Knotweed in your garden, here is a plant that can tear through people 's houses destroying homes. Nnss ) website have it growing in your garden can be a small claims court but,. Feature of the weed has been established implications of Japanese knotweed would be well advised to seek specialist.... 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