Japanese Knotweed is a perennial plant introduced to the UK in the early 19th Century. Since its introduction, the plant has gained a notorious reputation. Its prolific nature has spread across the UK, and outbreaks can quickly become uncontrollable. Furthermore, only a small fragment of stem or root left intact can give rise to new plants, making eliminating it even harder…
What’s the Issue?
Over the past decades, rumours have spread regarding Japanese Knotweed’s ability to “grow through concrete,” destabilise building foundations and, in some cases, cause buildings to collapse.
These claims have led to the “Seven-Metre Rule,” under which a mortgage lender will refuse to lend money secured on a building that has an outbreak of Japanese Knotweed less than seven metres away. This rule was based on the commonly held belief that Japanese Knotweed could spread its roots up to seven metres away and that the mere presence of the plant in the vicinity could put off potential purchasers and thus make the property very difficult to see and therefore devalue the mortgage lender’s security.
The presence of the species may be said to be a legal nuisance, thus leading to liability for loss and damage. Such loss could potentially be sizeable if the saleability and, thus, the value of a property is caused. There may also be liability for incorrectly disposing of the species as the Environmental Protection Act 1990 classifies Japanese Knotweed as “controlled waste” thus requiring safe disposal in accordance with statutory regulations. An infringement could result in action by the Environment Agency. Further, the importance of controlling Japanese Knotweed is recognised by its inclusion under Schedule 9 of the Wildlife and Countryside Act 1981. The Act provides that it is an offence to plant or otherwise cause any species listed under Schedule 9 to grow in the wild. An offence under the Act can result in criminal prosecution.
Due to these factors, homeowners often panic when an outbreak is discovered either on their property or on a neighbouring property. They are in a no-win situation. Failing to report an infestation on or in the vicinity of your home whilst selling your property could result in Court proceedings for non-disclosure or misrepresentation. If you do report it, it can put off prospective purchasers and prevent you from selling your home either at the desired price or, indeed, at all. It can be a lengthy and costly process to fully clear Knotweed – expensive treatment herbicidal treatment over several years and/or excavation, all backed by an enforceable warranty with a reputable insurer, was thought to be necessary.
The new claim about Japanese Knotweed
Recent reports, however, have revealed a surprising claim about the nature of Japanese Knotweed.
Despite claims of its roots reaching anywhere in a seven-meter radius, studies show they usually only reach two to four meters. Similarly, it has also been suggested that smaller clumps of Japanese Knotweed are often quite benign, staying in a limited area for up to fifty years in some cases. The authors of the report also concluded that while Japanese Knotweed can exploit and worsen cracks in a building’s foundations, it does not exert enough force to cause as much structural damage as was previously thought, and it is no more dangerous to your home’s structure than common buddleia.
These suggestions may (in time) lead to a change in the procedures adopted by mortgage lenders. Property surveyors may not have to follow the Seven-Metre Rule. Another tell-tale sign of a shift in sentiment is that there are early signs that it is becoming harder to successfully sue a neighbour who has let the plant spread to neighbouring land.
What do I do if I find Japanese Knotweed on my land?
Despite these developments, Japanese Knotweed is still an invasive species, and the Seven-Metre rule and cautious surveying practices remain in place. Any outbreak and any disclosure responsibilities must be taken seriously. You’ll still need to remove it one way or another and by an accredited professional who can provide a guarantee and be held responsible if the treatment fails. It may be that over time, the cost of treatment reduces. And remember that this will still be something you must declare when selling your house, even after a successful treatment – you must take advice from the solicitor acting for you on your sale. Japanese Knotweed removal firms are regulated businesses, and mortgage lenders are usually also happy to lend against a property that has been treated by one of these firms, so if you’re looking to sell, this may be the option for you.
Contact Us
If you’re worried about a Japanese Knotweed infestation and would like to speak to a legal professional to discuss your options, you can contact our solicitors at 0330 111 3131 or by filling out our online contact form here.