Japanese knotweed is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. Bought a House With Japanese Knotweed? What does it look like? Both these actions have been recommended for the end of this year. You can report those not abiding by these practices to your local authority. 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? The claimants claimed an injunction requiring the removal or treatment of the Knotweed by Network Rail, as well as damages. 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. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. You are legally required to prevent Japanese knotweed on your land spreading into the wild, or onto neighbouring 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. Legislation. The content of this website for information purposes only and does not constitute legal advice. VAT Number 477 2974 93. You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. 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. To bring a successful claim, the claimant needs to demonstrate that the knotweed originated from the adjoining land, and that the knotweed is causing the claimant owner “nuisance”. It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. If you’re a private landowner then you do not need to ask permission from the Environment Agency, but you might want to check with your local council that you’re allowed to go ahead with burning your knotweed. Deciding who is responsible for clearing the Japanese knotweed should be the first step to take after the positive identification of the plant. "Poly" means many and "gony" is from the Greek for "knee", giving many jointed. 633045. Normally, documented treatment with herbicide is … The report goes on to recommend that a study of international approaches to Knotweed in the context of property sales is commissioned. 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. 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. 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. 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. 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