Has Anyone Ever Gone to Jail Over Japanese Knotweed?

There's always a new story about Japanese knotweed popping up somewhere in the UK. If you've read any of these articles, then you'll probably be aware that you can get fined and even go to jail for ignoring or not controlling Japanese knotweed on your property.

It's all well and good knowing about Japanese knotweed and the law, but has anyone actually gone to jail for ignoring Japanese knotweed on their property? Let's find out...

Japanese Knotweed and the Law

In the UK, there are 9 illegal plants which should be controlled in UK gardens. Japanese knotweed is one of them! It is classed as a 'controlled plant' under the Wildlife and Countryside Act 1981, which means it is not illegal to have it on your property, but it is illegal to allow the plant to spread into the wild, or into a neighbour's garden.

This also called encroachment and in legal terms, this counts as having occurred if the underground rhizome of the plant has been found to have spread from one property to another. This also counts as breaching the law of private nuisance - an act, or the omittance of an act, which causes annoyance, disturbance or interference to a person in the enjoyment of their occupation of land. A bit of a mouthful, but you get the gist!

So, Has Anyone Ever Gone to Jail Over Japanese Knotweed?

Instead of making you go through countless of articles and news stories, we've done the hard work for you. Whilst these cases didn't end in jail time, they did end in some hefty fines...

Downing v Henderson (2023)

In 2018, Mr Downing bought a property worth £700,000 from Mr Henderson. Mr Henderson filled out a TA6 form which is a form the seller gives to the prospective buyer, detailing information about the property in detail.

On the TA6 form, Mr Henderson said that the property was not affected by Japanese knotweed. To Mr Downing's surprise, there was indeed Japanese knotweed present on the property, and it was up to two metres tall.

Mr Henderson took Mr Downing to court for this, and Mr Henderson was ordered to pay damages of £32,000 plus £95,000 for misrepresentation of the property under the Misrepresentation Act 1967. This totals to a lofty fine of £127,000.

Clarke & Kaye v Abbasi (2022)

Mr Clarke and Ms Kaye claimed that a knotweed infestation devalued their £1.6m home in Kensal Green, north west London. Alongside this claim, they sued their neighbours Talha and Minha Abbassi, demanding £250,000 in compensation.

Judge Alan Johns at the Central London Country Court heard barrister Andy Creer relay how Clarke and Kaye are suing Abbasi for 'damages for nuisance for the encroachment of Japanese knotweed on to the claimants' land from the defendants' neighbouring land', after they were unable to obtain mortgage finance on their property due to the knotweed infestation.

Issues have arisen as the Abbasi's claim that they should not be liable for the damages, as the knotweed was present before they bought their property. In a development, however, the Abbasi's admitted 'that they knew of the knotweed' before they bought their land.

The judge is yet to give a ruling on this case, but we can probably predict how it will end!

I Have Japanese Knotweed on My Property - What Do I Do?

In guidance published from the UK government, it states that:

'You must prevent Japanese knotweed on your land from spreading into the wild and causing a nuisance. You could be fined up to £5,000 or be sent to prison for up to 2 years if you allow contaminated soil (or plant material from any waste you transfer) to spread into the wild.'

This means that you will be unable to cut the knotweed or dig it up and take it to your local waste and recycling centre, unless they have the correct environmental permit. If you do this, you could very well face a big fine or jail time.

As Japanese knotweed spreading starts at the rhizome of the plant, you must get professionals to handle its excavation and removal. At Taylor Total Weed Control, we provide multiple Japanese knotweed treatments, including removal, herbicide treatment, and burial. We recommend our herbicide treatment option - it even comes with a 5-year or 10-year insurance-backed guarantee for your peace of mind!

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