Why homeowners can’t afford to ignore Japanese knotweed

The Japanese knotweed super-weed is invasive, damaging and potentially extremely costly, warns law firm Furley Page

Any gardener will tell you that weeds are everywhere at this time of year, whether it be public spaces or private gardens. Most of them are simply irritating and, perhaps, unsightly.

But the one that should be most feared by homeowners is Japanese knotweed – an invasive, damaging and potentially extremely costly super-weed.

As Liz Brady, Partner at legal firm Furley Page, explains, Japanese knotweed came to this country in the Victorian era as an ornamental plant. But it has become a nasty problem because of its speed of growth and ability to reproduce. It damages buildings and road surfaces and lenders may refuse to provide mortgage finance until it is removed.

Legislation is in place to try and curb its detrimental impact. It is a criminal offence to plant Japanese knotweed or cause it to grow in the wild. You cannot be fined if it is already in your garden but you must keep it under control.

It is classified as controlled waste under the Environmental Protection Act 1990 so, if you remove any from your garden, you must bring in a licensed contractor to take it to a designated landfill site.

If Japanese knotweed spreads from your garden to neighbouring land, a community protection notice could be served on you under the Anti-social Behaviour, Crime and Policing Act 2014 (ASBO) with fines of up to £2,500.

It is a problem not to be ignored given the potential penalties and costs. If you are buying a property then you should check for any signs of Japanese knotweed on land connected with the property and on adjoining land and seek professional advice. If you have the problem in your own garden already then you should be aware of the issues and obligations on you to treat and deal with it in accordance with the law.

It is recommended that you check the government website which was last updated in April 2017 for guidance: www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading

Liz has written a blog giving more detail about the problems, legislation and possible treatments for Japanese knotweed which can be found on the Furley Page website www.furleypage.co.uk

Liz has extensive experience of advising clients on a range of property transactions and is a member of the Commercial Real Estate Legal Association and the Kent Law Society.

For more information and advice on property issues contact Liz Brady by email at [email protected] or call 01227 763939.
You can also follow the firm on Twitter @furleypage and on LinkedIn.