JAPANESE KNOTWEED & THE LAW.

The roots / rhizomes of the Japanese knotweed, spread underground for several meters in all directions from the main plant.  Close to a boundary, fence or wall it is likely to have encroached under the boundary line. 

If Japanese Knotweed spreads from one property to another the relevant law is of 'private nuisance' which is an act or omission,  interference with, disturbance of or annoyance to a person in the exercise of the enjoymentof his ownership or occupation of land.

It is not illegal to have Japanese Knotweed on your land but everyone has a legal obligation to stop it spreadingto their neighbours land.  If a landowner - that means councils and other large organizations fail to do this they could be held responsible for the damage caused by the encroachment of Japanese Knotweed.

Have the JK on your land treated and if neighbours also have Japanese Knotweed on their land, write to them and encourage them to take appropriate action.  By doing this you and your neighbouring landowners have peace of mind that all the knotweed affected areas are being treated.

Selling a property/land with Japanese Knotweed on or near it - Seller's responsibility. MISREPRESENTATION REGARDING THE LAW SOCIETY PROPERTY INFORMATION TA6 FORM (3RD EDITION).

If a property is affected by knotweed - even if it is an adjacent property the owner will need to declare this when completing the sellers questionnaire called a TA6 form.  They will be quilty of a misrepresentation if they have not correctly responded to the question regarding knotweed in the sellers questionnaire TA6 and could be responsible for all damage up until the point of sale and remain liable for this historic damage even after the sale of the property.  As knotweed is a continuing nuisance,  liability for any damage caused after the property is sold attaches its self to the buyer.  Individual sellers could be far more exposed than they have ever been.  For example if a previous sale fell through because of a bad survey,  the seller may be legally obliged to point this out to the next buyer.

 In short DO NOT LIE OR TRY TO COVER UP THAT THERE IS A HISTORY OF JAPANESE KNOTWEED ON OR NEAR YOUR LAND- YOU COULD BE SUED !