Contact our offices
Make an enquiry
How can we help?
At Stephensons we have successfully represented clients whose properties have been affected by Japanese knotweed, forcing the land owner to take treatment action and also securing compensation for the effect on value. Given our specialist experience we can also advise if your property is the source of the knotweed and can assist you in dealing with any potential claims against you. If you are experiencing problems with Japanese knotweed call us for a consultation as soon as possible on 01616 966 229.
Our lawyers have contacts with specialist Japanese knotweed treatment experts who can advise on the most appropriate treatment methods and also, crucially, act as expert witnesses in your case.
Japanese knotweed is an invasive, non-native perennial plant originating from East Asia. Introduced into Britain in the mid-19th century as an ornamental species, its rapid growth and resilient nature have enabled it to become one of the UK's most common and problematic invasive weeds.
Knotweed can grow up to 10cm per day during its peak growing months in summer, reaching up to three metres in height. Its underground root systems (rhizomes) can extend several metres horizontally and up to three metres vertically underground, with an ability to cause damage to foundations, drains, walls, and hard landscaping.
The aggressive growth and resilient root system mean Japanese knotweed can cause severe structural damage to buildings, roads, and drainage systems. It can penetrate cracks in masonry and concrete, exacerbating damage and leading to expensive repair costs. Additionally, knotweed infestations negatively affect property values, create issues obtaining mortgages, and can complicate property sales transactions significantly.
In England and Wales, current laws and regulations regarding Japanese knotweed primarily aim at controlling its spread. Understanding your legal obligations is crucial to avoid financial penalties and enforcement actions.
Under Section 14(2) of the Wildlife and Countryside Act 1981, it is a criminal offence to plant or otherwise cause Japanese knotweed to grow in the wild. Breaching this legislation can result in prosecution and significant fines. While it is not illegal to have Japanese knotweed growing within the boundaries of private property, landowners have a legal responsibility to prevent its spread. Allowing the plant to encroach onto neighbouring land or natural habitats may lead to enforcement action, civil claims, or criminal prosecution.
Local councils have the authority under the Environmental Protection Act 1990 to take legal action if Japanese knotweed causes a statutory nuisance. If a landowner fails to control the spread of the plant, the local authority may issue a Community Protection Notice (CPN) requiring them to manage or eradicate the infestation promptly. Failure to comply with such notices can result in substantial fines, legal proceedings, or enforcement action by the council.
The Anti-social Behaviour, Crime and Policing Act 2014 provides another legislative tool for authorities to manage Japanese knotweed. Community Protection Notices (CPNs) introduced under this Act can be issued to individuals or organisations who fail to control knotweed infestations adequately and promptly. Non-compliance to a CPN is considered criminal and punishable by fines or even prosecution in extreme cases.
When selling or buying property, the seller must disclose whether the property has been affected by Japanese knotweed on the current TA6 Property Information Form. This legal requirement ensures buyers are fully aware of previous or existing knotweed issues. Failing to declare knotweed can lead to substantial legal claims for misrepresentation and compensation payments to affected buyers.
If Japanese knotweed is present on your property, you have legal responsibilities that must be carefully followed to ensure compliance and mitigate potential claims:
If allowing knotweed to spread from your property to a neighbouring property, you may be liable under common law for causing a private nuisance. Neighbours can legally pursue claims for damages and the costs of professional removal or management. Courts frequently rule in favour of neighbours claiming against negligent landowners who fail to manage Japanese knotweed responsibly.
Mortgage lenders are stringent regarding Japanese knotweed and may refuse lending where knotweed is identified unless a robust, professional management and eradication plan is in place. Most lenders require a reputable Knotweed Management Plan together with an insurance-backed guarantee issued by a specialist removal company before approving mortgages affected by knotweed infestations.
Managing Japanese knotweed involves professional treatment approaches, such as:
It is crucial to engage licensed specialists to perform these treatments, ensuring compliance with Environment Agency guidelines and preventing the knotweed from spreading further.
If you have Japanese knotweed on your property, you need specialist treatment and legal advice straight away.
Do not touch it. You must seek specialist advice. Simply digging it out will not get rid of Japanese knotweed and more importantly, digging it out could be a criminal offence. As it is so invasive, Japanese knotweed is controlled waste and legislation exists to control how it is disposed of. You cannot simply put it in your recycling bin.
Isolate the area - it takes only one rhizome to stick to the bottom of a welly or garden tool for it to spread. All tools and equipment used in the area affected should be thoroughly cleaned immediately.
You should seek specialist advice immediately from companies who are accredited in the treatment and disposal of Japanese knotweed.
Japanese knotweed is not just a weed or irritant for a keen gardener. The presence and spread of Japanese knotweed can be a legal nuisance and a party may have acted negligently in not treating it at all or not treating it correctly. This is in addition to the detrimental effect on the value of your property and the risk of physical damage. It can hinder large scale developments or impede domestic planning permission.
More and more clients are coming to us with concerns about Japanese knotweed, whether it is on their own property or worried about its presence on neighbouring property. If you have knotweed on your land, you need to act fast, as if it spreads onto other people’s property, you could be liable for a claim in nuisance. You risk not only having to meet the cost of treatment but also paying compensation for other losses. Equally, if your property neighbours another plot with knotweed, you may be able to take action to force the owner to deal with it to limit the risk to you.
We recommend that property owners take a rounded approach to dealing this. You need a strong combination of legal, surveyor and treatment advice. Each needs to be specialists. The dispute resolution team at Stephensons offer specialist advice on Japanese knotweed and coordinate the other experts needed to make your claim as easy as possible.
Contact our team today to discuss your options on 01616 966 229.
loading staff
No, simply having knotweed on your land is not illegal. However, allowing it to spread wild into nearby land or failing to disclose knotweed when selling a property can lead to legal problems.
Your neighbours can legally take action against you if your Japanese knotweed spreads onto their property, resulting in claims for damages and/ or professional removal costs.
There is no statutory obligation to report Japanese knotweed to local councils. However, local authorities can issue notices requiring you to control a significant infestation, especially if it represents a nuisance.
You can attempt to remove or control small knotweed growth yourself however it is generally not advisable to attempt the removal of Japanese knotweed without professional assistance. The highly invasive species is exceptionally resilient, and even a small fragment of its root system can regenerate into a new plant, leading to further spread and damage.
There are strict regulations governing the control, disposal, and transportation of Japanese knotweed, as it is classed as controlled waste under Environmental Protection Act 1990. To ensure safe, effective, and legally compliant eradication, it is recommended to engage a qualified specialist with expertise and specialist equipment to assist.
Professional Japanese knotweed removal varies greatly depending on the method selected and the infestation's extent. Typical removal and treatment costs range from a few thousand pounds to tens of thousands for larger infestations or excavation work. Usually, the work needs to be carried out over several years to ensure the knotweed is eradicated.
Understanding and complying with legislation relating to Japanese knotweed protects you from possible legal consequences and financial liabilities. As this invasive plant remains a severe issue across the UK, property owners must remain vigilant, proactive, and responsible in managing knotweed infestations on their land.
Engaging experienced professionals, maintaining comprehensive documentation, and taking swift control action ensures legal compliance and safeguards property assets effectively.
Right of access: understanding your rights and legal obligations
In the landscape of data protection and privacy law, few rights are as critical and frequently exercised as the right of access. This fundamental provision, enshrined prominently within the UK General Data Protection Regulation (UK GDPR), empowers...
In England and Wales, access rights and property boundaries frequently create uncertainty and disputes between landowners and members of the public. One common area of contention revolves around a public right of way through private land. If your land...
Neighbour disputes reorder
