In the late summer of 2018, Southampton homeowner Richard Till (51) found Japanese knotweed growing in his garden. He had heard it was an invasive plant, but didn’t truly appreciate how it could damage his house and finances and even get him in trouble with the law.
Then in 2020, Richard’s neighbours threatened to take legal action against him. Thankfully, the TCM team swooped in to Richard’s Southampton end-terrace house to remove his infestation – and stop him being prosecuted!
Japanese knotweed law
UK legislation relating to Japanese knotweed can be confusing, so to keep yourself on the right side of the law, here are three 'don'ts' to avoid prosecution for good.
Don't let it spread
It is not illegal to let Japanese knotweed grow in your garden but it is an offence to let it grow into your neighbour’s garden or other land. According to the Wildlife and Countryside Act 1981, Japanese knotweed is classed as a controlled plant, which means it has to be managed to avoid spreading.Unfortunately, this makes homeowners responsible for dealing with a Japanese knotweed infestation on their land. Like our client Richard, homeowners and landowners should not allow this extremely invasive plant to spread to a neighbour's land, because they may be liable. Our advice is to get rid of any infestation as soon as possible by engaging the services of Japanese knotweed eradication experts.
Don't put it in your bin
Putting Japanese knotweed cuttings in your normal garden bin is another way to get into trouble with the law. In fact, the Environmental Protection Act of 1990 says you can't put Japanese knotweed in your bins, compost or even take it to your local waste management site. If you want to dispose of Japanese knotweed, you have to take it to a registered waste facility with the appropriate Waste Transfer documentation and steep transaction fee.
Many homeowners choose to avoid the hassle of the entire eradication process by hiring a knotweed removal company instead.
Don't try to hide it when you sell
Selling a house is one of the most stressful things you can do and the added pressure of dealing with a Japanese knotweed infestation doesn't make the task any easier. When a homeowner sells their property, they are required to complete a legally binding Ta6 form. Sellers are asked to provide answers to questions about the property. One such question asks, "is the property affected by Japanese knotweed", with the answer being: yes, no, and don't know.
It is easy to see why property owners might choose to hide the presence of Japanese knotweed. After all, it could affect their chance of selling. However, if the plant is later found on the property, the seller would be liable for a misrepresentation claim and could owe a small fortune.
Stop Japanese knotweed spreading
Don't ignore Japanese knotweed, it really is a highly invasive and damaging plant. Our client Richard came very close to facing a court order, possible fines, or worse, imprisonment. If you are uncertain whether it's Japanese knotweed that is growing on your land, get in touch with the TCM knotweed team. We will quickly be able to identify the plant, assess the situation, and provide you with an effective knotweed removal plan to completely eradicate it from your land.
