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Japanese knotweed a knotty problem

Imported into Britain back in the nineteenth century, Japanese Knotweed is one of the most invasive plants in the UK. It can grow up to 10cm a day in the summer, spreading quickly by its roots and stems. It is very difficult to remove entirely from land because it can regenerate from relatively tiny amounts left behind.

Japanese Knotweed can be difficult to identify because it looks a lot like many other weeds.

Some characteristics of Japanese Knotweed that may help you to identify it include:

Japanese Knotweed is commonly confused with Bindweed, Ground Elder and Russian Vine. It is important to research the plant’s characteristics if you suspect that it is growing nearby.

Japanese Knotweed in flower

If there is Japanese Knotweed on adjoining land, there are several things you can do.

Start amicably and mention the situation to your neighbour, who may not be aware of the issues relating to the plant. Ask if they could seek professional advice for the problem. Follow the conversation up in writing so you have a track record of all communications. It is also worth taking some photos of the land, because you may need these for future reference.

If the situation continues and the Japanese Knotweed spreads to your property, you may need to seek legal advice.

If you are in the process of taking a long lease or purchasing the freehold of property or land, then you should consider whether there is a risk that the property is, or could be, affected by Japanese Knotweed.

In standard residential transactions, the seller is required to provide a completed standard property information form (also known as TA6), which contains an enquiry as to the presence of Japanese Knotweed. In commercial property transactions it is the environmental enquiries that arguably cover the question of Japanese Knotweed.

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There is a potential loophole with residential new-build properties. Developers are not required to complete the property information form, which could leave buyers of new builds exposed. It is therefore important to raise specific enquiries if you have concerns that Japanese Knotweed may be present.

In any event it is likely that the seller may not give a definitive response to such enquiries and the onus may be pushed back onto the buyer to undertake their own inspection of the property/land.

If a buyer is concerned about the presence of Japanese Knotweed, they should consider arranging for a specific survey from a suitably qualified surveyor or environmental consultant.

Firstly, do not try to dig it up. Japanese Knotweed requires specialist waste management. You should contact the Invasive Non-Native Species Association or the Property Care Association (PCA).They can advise you on local removal contractors.

It is important to establish whether any professional you engage in the treatment and removal of Japanese Knotweed offers a suitable guarantee that can be relied upon by future purchasers and mortgage lenders.

There is currently no general duty to control, remove or report the presence of Japanese Knotweed however you may be committing an offence if you fail to take reasonable measures to control the Japanese Knotweed, and or are negligent or reckless resulting in the Japanese Knotweed spreading into the wild.

When it comes to legal obligations relating to Japanese Knotweed, there are two simple points to consider:

If you have any concerns or wish to discuss the matters raised further, then please contact our Commercial Property team on 01603 660 811 or email [email protected].

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