Japanese knotweed encroaching from neighbouring land
The legal remedy for knotweed spreading into your land from adjoining land can be found in civil nuisance. You would need to prove that the knotweed originated from the adjoining land and that it is causing you nuisance. Sometimes the knotweed origin is not obvious making a case difficult and expensive to prove. If the adjoining landowner is seen to be taking reasonable steps to mitigate the nuisance that may be a suitable defence.
Ideally you should avoid adopting legal redress.
What can I do about Japanese knotweed encroaching onto my land from my neighbours?
Japanese knotweed is not fussy about where it grows, but it has an uncanny desire to grow along and cross property boundaries. Without any respect for the poor human that owns the land, it spreads its invasive rhizomes and continues to encroach and wreak havoc until action is taken against it.
The damage Japanese knotweed can cause should not be under-estimated, so if you notice Japanese Knotweed encroaching onto your land, you should take immediate action.
Notify the adjoining land-owner of the problem. A coordinated approach that tackles the Japanese knotweed on both pieces of land is much more likely to be successful than piecemeal attempts. Try and agree on an appropriate treatment programme with the adjoining land-owner, and on the allocation of costs.
If you can’t agree a way forward with the adjoining owner, (some are more receptive than others!), you can attempt to control the encroachment of knotweed onto your land using herbicides. You should not use herbicides on property you do not own without permission. If the knotweed is not killed on the adjoining land re-growth and encroachment will continue along and within your boundary.
You can install a vertical root barrier along the infested boundary, which if done correctly should prevent further encroachment. This involves excavating a trench at least 2m deep, installing a proprietary root barrier membrane, then backfilling. There are practical difficulties in doing this, especially where services or tree roots also cross the boundary. Costs are very high, and the money is usually better spent eradicating the knotweed in the adjoining land rather than trying to contain it with root barriers.
If all else fails, you may have legal redress. Contact us.
If you do need assistance one of our experts can provide Japanese knotweed expert witness services in accordance Civil Procedure Rules (CPR 35). We can also put you in touch with legal experts, highly experienced in Japanese knotweed disputes.
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