A lawyer has outlined the actions you should take if your neighbor declines to address a potentially damaging Japanese knotweed issue. Japanese knotweed is a perennial plant originating from East Asia. It is classified as an invasive species and is regulated by law, and it is notorious for causing structural harm to properties.
Professional Removal Recommended
The Royal Horticultural Society states that the easiest and most effective way to eradicate the problematic plant is to employ a professional company with expertise in invasive weed removal.
It may sound simple enough, but convincing your neighbor to pay for this type of knotweed treatment before it impacts your property can prove a very different matter.
Homeowner's Concern
One worried resident wrote to The Mail: "Japanese knotweed has spread from my neighbor'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 neighbor shrugs it off as 'just a weed' and refuses to lift a finger. Can I force them to treat it and get compensation?"
Legal Perspective
Consumer lawyer Dean Dunham KC explained that the problem was more serious than the neighbor seems to realize. He added that the law gives the homeowner 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 neighbor's 'it's only a weed' defense therefore simply won't wash."
Formal Letter First
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.
Court Action and Compensation
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 warned, however, that the claimant would need to act quickly. Japanese knotweed must be declared when selling, meaning it could jeopardize a future sale if it isn't dealt with - and it may even affect a buyer's chances of getting a mortgage.
Surveyor's Warning
This follows comments from chartered surveyor Bradley Mackenzie of Stokemont, who discussed the consequences of knotweed. He said: "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 added: "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."
