Lawyer Explains Your Rights if Neighbour Refuses to Tackle Japanese Knotweed
Japanese knotweed is classified as an invasive species and is regulated by law. A lawyer has now revealed what you should do if a neighbour will not remove it from their garden. The perennial plant, native to East Asia, is notorious for causing structural damage to property.
The Royal Horticultural Society states that the easiest and most effective way to remove the problem plant is to hire a professional firm with experience in invasive weed removal. While this may sound simple, persuading your neighbour to pay for knotweed treatment before it encroaches on your property can be an entirely different matter.
One concerned resident wrote to The Mail: "Japanese knotweed has spread from my neighbour's garden to mine. I asked a surveyor to take a look and she warned it could damage the foundations and slash my property's value. But my neighbour shrugs it off as 'just a weed' and refuses to lift a finger. Can I force them to treat it and get compensation?"
Consumer lawyer Dean Dunham KC explained that the problem was more serious than the neighbour seems to realise. He added that the law gives the writer real teeth here, describing it as a textbook case of private nuisance. Explaining the term, Dean said it meant unlawful interference with their enjoyment of their property. He then referred to specific case law, Network Rail v Williams (2018), which confirmed that it constitutes an actionable nuisance. He says this is the case even before it causes physical damage due to its impact on value and sale prospects. He added: "Your neighbour's 'it's only a weed' defence therefore simply won't wash."
Dean advises people to initially put their concerns into words by sending a formal letter. It should articulate the issue, include findings from your surveyor and requirements that they seek professional removal. A reasonable time limit should be specified, with Dean proposing 28 days and keeping copies. Should they opt to ignore this, the individual could pursue a claim.
Dean went on to describe how a court could impose an injunction forcing them to take action. In addition to this, they could award damages not only for the cost of the removal but also for residual diminution in property value. He cautioned, however, that the claimant would need to move swiftly. Japanese knotweed must be declared when selling a property, meaning it could jeopardise a future sale if left unaddressed - and it may even hamper a buyer's ability to secure a mortgage.
This follows chartered surveyors Stokemont's Bradley Mackenzie sharing his views on the impact of knotweed. He explained: "The plant's extensive root system, known as rhizomes, can penetrate foundations, walls, and drains, leading to structural damage. This can result in costly repairs and reduce the appeal and integrity of the property." He went on to say: "Even if controlled, its historical presence can lower a property's value due to the stigma associated with it. Some insurance companies may refuse coverage or charge higher premiums for properties affected by Japanese knotweed due to the risks it poses. If you are selling your property, you are legally obligated to disclose the presence of Japanese knotweed to potential buyers."
