Knotweed Legislation - Green Leaf Remediation

Japanese Knotweed Legislation

Japanese Knotweed Legislation

The following are the main pieces of legislation covering the handling and disposal of Japanese Knotweed and summarizes the salient points. We would also take the opportunity to remind all involved in selling properties – The Law Society’s TA6 property information form requires sellers to state whether the property is affected by Japanese knotweed. If you answer untruthfully, your buyer can come back to you and either rescind the contract or claim damages from you. We have personally been involved in several disputes, whereby a property has been sold and the previous owner has deliberately concealed any physical evidence of Japanese Knotweed on the property and have clearly lied on the TA6 form. In all cases, the new owners have sought redress.

Encroachment of Japanese Knotweed

Whilst we would stress that each property or site should be assessed individually, in certain circumstances, any Japanese Knotweed that encroaches on to a neighbouring property is considered a ‘private nuisance’ (to which there are various pieces of legislation that could be used to seek redress).

A private nuisance is defined as “an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership or occupation of land”

Whilst it is important to instigate a process for professional remediation, should any situation arise whereby there may be evidence of encroachment / private nuisance (or upon occasion a ‘public nuisance’), we would strongly advise that you make a concerted effort to resolve the matter amicably, by speaking with the relevant property/landowner. Seeking redress through solicitors/courts etc can be very expensive and time-consuming, not to mention very stressful for everyone involved. Your initial ‘starting point’ should be a polite conversation, as opposed to initiating the services of a legal firm to act on your behalf.

This is merely our own professional outlook ladies & gents!

This act covers cross-boundary link to legislation

Case Study link to case study