Q There is Japanese knotweed next door to the house we are buying. It hasn’t yet affected our property. What are our legal remedies if it spreads?
A Japanese knotweed is a devastating invasive bamboo-like plant that can break through concrete, bricks and mortar. It is listed (along with plants with names like “Hottentot Fig” and “Duck Potato”) as a dangerous non-native plant species under Schedule 9 to the Wildlife and Countryside Act 1981. It is a criminal offence to release, plant or otherwise cause Japanese knotweed to grow in the wild. The Environmental Protection Act 1990 puts strict limits on removal, allowing only licensed operators who use special disposal sites.
The weed is such a risk for buyers that paragraph 7.8 of the standard Law Society Property Information Form TA6, which must be completed by most sellers of residential properties, specifically asks whether “the property is affected by Japanese knotweed” and (if it is), whether there is a proper management and treatment plan in place.
Private landowners also have their own important rights, which were considered in detail by the Court of Appeal in the 2018 case of Williams v Network Rail. Rhizome roots from knotweed in an embankment encroached on to the gardens of two bungalows, but they had not as yet damaged the houses themselves. The court decided the presence of the roots alone was “a classic example of an interference with the amenity value of the land” and confirmed an award of £10,000 compensation for each householder. Judges said landowners should also be able to obtain an injunction to go onto their neighbours’ land to treat the weed.
If the Japanese knotweed spreads onto the house you are buying, you will be able to get an injunction and compensation — even before it actually damages the building itself.
Mark Loveday is a barrister with Tanfield Chambers. Email your question to brief.encounter@thetimes.co.uk
