Japanese Knotweed

A recent case involving Network Rail reminds us of the potentially hugely damaging effects of allowing Japanese Knotweed to grow on a property unchecked.

A recent case involving Network Rail reminds us of the potentially hugely damaging effects of allowing Japanese Knotweed to grow on a property unchecked. 

The Royal Horticultural Society reminds us of the potential problems relating to Japanese Knotweed by saying 'although rather attractive, Japanese Knotweed (Fallopia Japonica) is a real thug as it spreads rapidly. In winter the plant dies back beneath ground but by early summer the bamboo like stems shoot over 2.1 meters (7 ft.) suppressing all other growth.  Irradiation requires steely determination as it is very hard to remove by hand or with chemicals'. 

Areas particularly at risk of the spread of Japanese knotweed are waysides, garden beds, borders and paving. The problem with the plant which is not a native of England and Wales is that it can grow very quickly during the summertime and its roots can spread a long way and be very damaging to the fabric of property. 

An indication of the seriousness of the impact of the plant is the fact that the government introduced an amendment to the Anti-Social Behaviour, Crime and Policing Act 2014 to include Japanese Knotweed and other invasive non-native plants. As a home owner, it is not illegal to have Japanese Knotweed in your garden but if it is there you should aim to control it.  

However, the fact that it is not illegal to have it is not the key practical issue from the perspective of a house sale. When a property owner is selling their property, they will be required to complete a Property Information Form to hand to the prospective buyer. Since 2013 this form has included a question asking a home owner to indicate whether Japanese knotweed is situated on their property. 

The recent Network Rail case reminds us of the seriousness of this plant being situated on property. Network Rail is facing compensation claims which could run into millions of pounds after a court ruled that a failure by Network Rail to tackle the plant meant that neighbouring properties had been invaded by the plant. If Japanese Knotweed is present on a property it can be almost impossible to sell the affected property because lenders will not offer mortgages on properties affected by it.

In the Network Rail case the neighbours argued successfully that the knotweed encroached on their homes which caused a nuisance and interfered with the quiet enjoyment of their property.  

It is therefore very important for you to ensure that you are aware of the plants growing on your land. If you are in any doubt as to what Japanese Knotweed looks like you should familiarise yourself with it.  

If you are selling your property you should be clear as to what you should disclose to a prospective buyer. If you buy a property which is affected by Japanese Knotweed that you did not know about in advance you may have a claim against the seller. 

To discuss this or any other property related issue contact us.