Network Rail is appealing this decision. Don't spend money that you don't have to. Your landlord may want to take civil legal action against them if they are allowing it to spread on to his/her property. Japanese knotweed monitoring programmes. What if Japanese knotweed encroaches on your land? • If your neighbour has Japanese knotweed on their land: Again, it is not an offence for Japanese knotweed to be present on your neighbour's land but … July 2018 – Court of Appeal rules that landowners can be entitled to damages for Japanese knotweed “Landowners have a measured duty of care to ensure that Japanese Knotweed does not spread from their land, following the Court of Appeal decision in Williams v Network Rail Infrastructure Limited. Japanese knotweed is a hotly debated topic in Parliament, within the property industry and in the courts, however, positive identification of the plant is required before any legal action is started. Our purpose is to make a positive difference to the lives of our clients and colleague. 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. On discovering that the numerous, over powering weeds growing between my brick wall (built at the same time as my house in 1930's) and my neighbour's wooden fence are Japanese knotweed that could damage foundation etc and devalue my property, there is also one of them growing in my garden. You may have seen Japanese Knotweed mentioned in the press a lot recently, or heard a neighbour talking about this, but what actually is Japanese Knotweed and how does it affect you? Call PBA Solutions now on 0203 174 2187 for expert advice and to book a site survey. The court ruled in favour of the claimants. They will then be able to advise of any recommendations they may have with regards to your property. REMEMBER, many people do not know what Japanese Knotweed is, or the problems associated with it, so approaching your neighbour in a polite and respectful manner in the first instance is sound advice. If they do not take reasonable steps to control the knotweed after they’ve been informed of the infestation, then you should be able to appeal for a Community Protection Notice from your local authority to force them to do so. The law on Japanese knotweed differs depending on whereabouts in the UK you live. They found knotweed was an actionable nuisance before it caused physical damage on neighbouring land because of the harmful effect on the land’s value. You should consult with your neighbour about how they plan to deal with the Japanese knotweed issue. However, where knotweed spreads from one property to another or Japanese knotweed on neighbouring land interferes with your property rights, the relevant law is that of private nuisance. We would always recommend you approach your neighbour before starting legal proceedings to discuss the situation with them and attempt to reach a resolution. If you are transporting Japanese Knotweed waste you need a Waste Carrier’s license. At the time they were unaware that destructive Japanese Knotweed was growing on a neighbouring property owned by the defendant (Ms Line). Japanese knotweed is often described as being like an iceberg as the roots can spread for several metres underground, therefore the chances of it reaching your property from a neighbouring property are very high. However, if it starts to encroach upon your property they are causing a private nuisance and therefore are open to court action. If your neighbour has allowed knotweed to spread into your garden, you should tell them about this. Disposal of Japanese Knotweed. If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. According to a recent Court of Appeal ruling, landowners are now able to claim damages if the identified Japanese knotweed plant has invaded their property from elsewhere, which won’t leave you out of pocket. The plant has stems thatcreep underground, exploiting existing faults or cracks in buildings, foundations and paving, making these worse as it continues to spread and grow. Speak to an expert today Solicitors Click For More Information Surveyors Click For […] If you bring claim in nuisance, you can obtain an order making them carry out a treatment programme. In this case, the Court also ruled in favour of the claimants. Japanese Knotweed removal – what not to do. According to a recent Court of Appeal ruling, landowners are now able to claim damages if the identified Japanese knotweed plant has invaded their property from elsewhere, which won’t leave you out of pocket. If they do not arrange to have the Japanese knotweed treated and allow the Japanese knotweed to spread to your land, then you may able to bring a claim against them. If you need more advice on this issue, contact us, or refer to the Wildlife and Countryside Act 1981. What to do if a neighbour has Japanese Knotweed If there is Japanese Knotweed on adjoining land, there are several things you can do. According to a recent Court of Appeal ruling, landowners are now able to claim damages if the identified Japanese knotweed plant has invaded their property from elsewhere, which won’t leave you out of pocket. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. Yes you can take action against your neighbour (though discussing and being reasonable about this is a preferred option) and yes – you can make them pay to get the plant removed. Japanese Knotweed was brought to the United Kingdom in the 19th century after the plant was discovered in Japan growing on the side of volcanoes. 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. 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. When it became apparent to the Smiths that Ms Line was not going to take the steps they required to remove the knotweed, they issued court proceedings. 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 means that they must be taken to a licensed landfill site. Failing to disclose the presence of Japanese knotweed could land the seller in court for misrepresentation, so honesty is by far the best policy. Knotweed nuisance. The seller has … Japanese knotweed is a plant that can tear through people's houses destroying their homes. Japanese knotweed requires professional treatment, either with herbicide over two to three years or by excavation. The short answer is no. If your neighbour has Japanese knotweed on their property, they are under no legal obligation to remove Japanese knotweed from their own property. If your neighbour has Japanese knotweed, then you should tell them as soon as possible. The truth is, Japanese knotweed can cost you money, space and your health. When knotweed has encroached from a neighbouring property. The roots can extend to a depth of three metres and up to seven metres laterally. If they are reluctant, simply explain the damage it can do to their property and recommend they research it themselves. If your neighbour chooses not to take action or there is no one living at the property, there are some steps you can take to get a resolution. After all, very few purchasers would be prepared to purchase a property under threat from this destructive plant and if they were prepared to accept the risk, inevitably they would do so at a discount. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. Excavation can be carried out year-round, if the location of the weed has been established. If you have it growing in your garden, you’ll want to get it removed as soon as you can. The neighbour could then issue private nuisance proceedings in the Civil Courts for: damages for loss of enjoyment and diminution of value; Eradication of this pernicious plant London, Manchester or wherever you live `` you do n't have.. 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