Knowing your rights, responsibilities and tackling this invasive weed demands special expertise, which is why TCM and Cripps Harries Hall LLP (“Cripps) have joined forces to deliver a one-stop  service that answers your legal questions and gives you an action plan to solve your particular problem.

Example (1)  The viability of a Housebuilders development project was put in jeopardy (in terms of timing and budget)  as a result of a stalemate that was reached between the Housebuilder and the owner of an adjoining site from which Japanese knotweed had spread. Cripps was able to diffuse the situation by swift action against the landowner which resulted in a settlement agreement being drawn up requiring that landowner to implement an appropriate eradication programme 

Example (2) A factory owner couldn’t get a mortgage because he had Japanese knotweed growing on the property. However, the mortgage company immediately released the funds once it knew that TCM would be undertaking the eradication work.

Under Section 14(2)(a) of the Wildlife & Countryside Act 1981 it is an offence to ‘plant or otherwise cause to grow in the wild’ any plant listed in Schedule 9 Part II.  This includes Japanese Knotweed.

Under Part II of the Environment Protection Act 1990, Japanese Knotweed is ‘controlled waste’ and must be disposed of in accordance with the proper procedure.  Since the initial treatment of the weed requires herbicides, the Control of Substances Hazardous to Health Regulations 2002 must be complied with.

As well as being a statutory offence to either allow the plant to grow in the wild or otherwise breach the above regulations, it is a common law nuisance to allow Japanese Knotweed to spread onto neighbouring property. In applying the general principles relating to nuisance claims, the courts have indicated in the past that they are likely to be guided by the cases relating to encroaching tree roots and it is possible that courts will begin to impose more punitive measures as they learn more about this and other invasive weeds.  Indeed, the courts may be prepared to adopt a strict form of liability to these cases that would result in significant awards of compensation being imposed against the landowner (in the form of injunctions and awards of compensation).

The Property Dispute Resolution team of Cripps Harries Hall LLP provides expert advice to landowners and developers who may need to deal with a legal or physical blight that is affecting the development or amenity value of the land.  The team has dealt with cases involving Japanese Knotweed.  Claims may comprise a private claim in nuisance or a private prosecution under the 1981 or 1990 Acts.  The main objective is to take legal action quickly to ensure that remedial action is taken to ensure that the incidence of knotweed does not hinder a potential development plot or damage neighbouring land.

Cripps Harries Hall LLP is a leading law firm which has been consistently ranked (by Legal 500 and Chambers) as the number one property law firm in the South East. We act for publicly quoted companies, blue chip developers and Housebuilders, financial institutions, government departments and local authorities.  We were the first top 100 law firm to receive Lexcel accreditation for quality assurance.  For further information about the firm please visit our website at www.crippslaw.com.

TCM can problem-solve any vegetation management issue. It is the UK’s leading provider with a blue-chip client list in the construction, road, rail and local govt sectors. Tailored solutions based on scientific, ecologically sound principles are delivered through its national workforce. It is the only company in the UK with IMS accreditation (ISO 9001, 14001 and OHAS 18001) and the RoSPA Gold Award to offer site-specific eradication packages backed by warranty.

"Cripps Harries Hall LLP has a strong name for property law across the board, including contentious matters."

(Legal 500) Mike Scott, Partner