Why Homeowners Need To Be Aware Of Japanese Knotweed

According to the removal experts at Japanese Knotweed Ltd, the number of Japanese knotweed related cases going to court is on the rise, with significant financial penalties for those that cause nuisance or have been negligent with respect to Japanese knotweed. Read on to find out more…

In 1981, Japanese knotweed was one of the first plants to be added to the Wildlife and Countryside Act, making it illegal to commercially sell or allow the plant to spread to the wild. Further acts of legislation from 1990 (The Environmental Protection Act 1990, Duty of Care Regulations 1991, and RPS 178) governed the handling and disposal of the plant and materials contaminated by the plant material.

Additionally, in recent years we have seen a sharp rise in private litigation cases surrounding Japanese knotweed. 2018 saw the first successful documented case law for private nuisance in respect to Japanese knotweed. Now claims for Private Nuisance, Professional Negligence and Misrepresentation are more commonplace, as well as the ability to fall foul of an ASBO and be served a Community Protection Notice with a fine for failing to act and control and spread of knotweed.

Selling a property affected by Japanese Knotweed

When selling a house, the vendor completes a Law Society form called the “Property Information Form”, or a TA6 which is a legally binding document. There is a question within the form that asks whether the property is affected by Japanese knotweed.

If the vendor lies and ticks “No” when they know that the property is affected and this can be subsequently proven by the buyer, the vendor can be sued for Misrepresentation.

To date, there are no known Misrepresentation cases that have been taken to court. However, it’s quite possible that Misrepresentation cases have been settled out of court.

Japanese Knotweed should not be Ignored

If your property is affected by Japanese knotweed, it is in your interest and within your Duty of Care to control the knotweed on your property. The sooner knotweed is identified and treated, the easier it is to manage.

If you suspect you have knotweed on your property, you can use our free Knotweed Identification service; just take a couple of photos of the suspect plant and send them to us. We’ll let you know if it’s knotweed and we can then offer advice and help you take the next steps to deal with the infestation.

What should you do about Japanese Knotweed?

Don’t fall foul of UK law or put yourself in a position where someone can take private action against you. Get in touch with the UK’s trusted Japanese knotweed experts, contact Japanese Knotweed Ltd today for further help.