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No-one wants to find Japanese knotweed on their property – it’s a pain to remove, a bit of an eyesore, and an all-round pain in the behind. Japanese knotweed can be incredibly inconvenient, and in some cases, it might be tempting to lie about a knotweed presence to save yourself the hassle of having to deal with it.

Lying about anything usually comes with consequences – but what happens if you lie about having Japanese knotweed on your property? More...

Homeowner Sues for £200,000 After Finding Japanese Knotweed on Property, image of judge signing legal papers, gavel in foreground

In 2018, Jonathan Downing brought his dream house for £700,000 in South-West London. It was everything he dreamt it would be – that is, until he found Japanese knotweed growing behind his garden shed!

After an agreement could not be reached regarding the financing of the knotweed treatment, Jonathan Downing took Jeremy Henderson - the individual who sold him the house - to court. Following a 4-year long legal battle, legal fees were racked up, leaving Henderson left to pay £32,000 in damages, £95,000 for Downing’s legal fees, and almost £100,000 of his own legal fees.

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japanese knotweed compensation

Japanese knotweed has been plaguing homeowners since the 19th century, and it doesn't look like it'll be slowing down anytime soon. Landowners who leave Japanese knotweed untreated are usually the root cause of the problem. One minute the Japanese knotweed is contained to their land, and the next it crops up in all the gardens in the street! 

If you find Japanese knotweed on your property (and you know you didn't put it there), then the first thing that you'll want to get to the bottom of is where it came from and who's responsible for it. Japanese knotweed can cause structural damage, reduce the value of your home and is expensive to remove so there's no doubt that you'll want to make a compensation claim as soon as possible. 

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Japanese knotweed law

There are many laws and legislations in the UK surrounding Japanese knotweed and its management, reporting, and treatment. For your own wellbeing and of those around you, it’s best to have a firm understanding of these laws – especially if you already have a knotweed presence on your property!

Can you get in trouble with the law if you have Japanese knotweed in your garden?

No - it is not against the law to have Japanese knotweed on your property, and you are not obliged to remove the plant if you don't wish to. However, under the Wildlife and Countryside Act of 1981, you MUST NOT allow Japanese knotweed to spread into the wild. If you break this law, you may be fined up to £5,000 or even be imprisoned for up to 2 years.

Also, if there is Japanese knotweed on your property, it is your responsibility to make sure that it doesn't encroach on any neighbouring properties. Your neighbour can take legal action if they have reason to believe that you have allowed this to happen. (For more information, see What to Do If Your Neighbour Has Japanese Knotweed.)

Therefore, if you do notice Japanese knotweed is growing on your property, it is important that you put a proper treatment plan in place.

SEE ALSO: Do I Have to Report Japanese Knotweed?

 

Japanese Knotweed Treatment

The most effective way to treat Japanese knotweed involves the use of pesticides. If you choose this treatment method, you are bound by The Control of Pesticides Regulations 1986 to ensure that all the necessary precautions are taken to protect other human beings, animals and plant life.

No specific qualifications are required to treat Japanese knotweed on your own property; however, applying pesticides correctly can be quite difficult for a gardening novice. If the Japanese knotweed is in a high-traffic family garden or close to an open water source, it can be hard to gauge how much pesticide you can safely use.

Here at Taylor Total Weed Control, we always recommend leaving Japanese knotweed removal to the professionals. We have been dealing with this invasive plant for years, so we know how to get the job done quickly and efficiently without damaging the surrounding environment.

There are Japanese knotweed laws in place to make sure that people treating knotweed commercially have the necessary Japanese knotweed eradication certificate. Companies offering a professional knotweed removal service must be certified to use, supply and store the specialist agricultural pesticides required for effective treatment. Operatives must also be properly trained in the application of these pesticides.

If a knotweed removal company employs an individual who doesn't have the proper Japanese knotweed qualifications, that person can be supervised by a more senior member of staff (someone who does have their Japanese knotweed eradication certificate). The conditions of this require that they must remain in view and be able to hear their supervisor's instructions at all times.

 

Our Japanese Knotweed Qualifications

As one of the leading Japanese knotweed removal companies in South Wales, we hold a number of industry-recognised accreditations. All of our invasive species specialists are properly trained and fully qualified to deal with your knotweed while following the law.

Contact us to arrange a Japanese knotweed survey >

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