Japanese knotweed and property
Case studies
1. My neighbour has INNS growing on their land what can I do? If there is Japanese knotweed growing on private land next to your garden the legislation does not apply as everyone has the right to grow plants responsibly in their own garden. There is no imperative for a landowner to remove existing established areas of Japanese knotweed from their land. There is an issue if the landowner is causing the Japanese Knotweed to grow ‘in the wild’ by allowing it to spread over the property boundary. SNH or SEPA cannot act in this case as their focus is on the natural environment. Awareness raising with the neighbour and attempting to come to an amicable agreement would be the first step, following up with legal advice on potential civil proceedings would be the suggested route forward.
2. Neighbour is dumping INNS on their land what can I do?
If a neighbour is dumping Japanese knotweed, (cuttings, or soil containing rhizomes) on their own ground the material is classed as controlled waste and as such there are limits as to how it can be disposed of. (Not applicable if the waste originated on site) The dumping of controlled material in a private garden is illegal under
Environment Protection Act 1990 and is an issue for SEPA.
3. INNS growing wild in my neighbourhood along river, railway, road etc. what to do?
If you see Japanese Knotweed growing on amenity land such as roadside verge / railway embankment in a built up area or civic space – (any area of land that has been actively managed) it is not classed as ‘in the wild’ so there is not a legal obligation to act. It would be helpful to submit a record to plant tracker
http://planttracker.naturelocator.org/ especially if you have not seen it growing there previously. Be aware it might not be removed immediately as there is often a
strategic approach covering a large area. If it is a railway notify Network Rail.
4. Japanese knotweed is coming into my garden from adjacent riverbank / railway line.
If you think that there is Japanese knotweed coming into your garden from adjacent amenity land – you could try to contact the landowner as per case study 1.
Practically you would be best to try to follow the property care guidance for homeowners to manage the problem.
http://www.property- care.org/homeowners/invasive-weed-control/a-guide-to-the-problems-caused-by-japanese-knotweed/ If it is a railway notify Network Rail.
Additional information
The issue of Japanese knotweed invading property is a difficult situation. Whilst it is unlikely to be aided by nature conservation legislation there are now some property sector initiatives which can help.
What is it?
Japanese knotweed is a striking plant, which grows to 2 m tall, it has large leaves and bamboo like stems, speckled with red / purple blotches, when in flower, it has creamy flower heads which cascade down. The tall woody stems persist in winter and can result in stands of dead stems.
It can form dense thickets which will shade out other plants and prevent competition. The plants in the UK are all male so do not produce seeds. The only way for
Japanese knotweed to spread is vegetatively; naturally into new areas or when fragments of stem or roots are discarded in garden waste.
More information
Information from the Great Britain Non- Native Species Secretariat can be found at
https://secure.fera.defra.gov.uk/nonnativespecies/factsheet/factsheet.cfm?speciesId =1495
How can it be controlled?
Japanese knotweed needs careful management as a small fragment can allow a new plant to establish – for this reason Japanese knotweed must not be cut or strimmed – any Japanese knotweed material is classed as controlled waste and there are constraints as to how it can be handled or disposed of.
• Link to Environment Agency Japanese knotweed code of practice
• https://www.gov.uk/japanese-knotweed-giant-hogweed-and-other-invasive-plants
• Link to NetRegs for waste legislation
http://www.netregs.org.uk/legislation/scotland/current/waste_legislation.aspx The above ground plants die back in winter leaving woody ‘bamboo’ like stems – in spring the underground rhizome sends up new shoots and quickly grows to full size. Cutting removes the current growth, but it will regrow from the rhizome when cutting / grazing stops. Cutting has several drawbacks
• Disposing of the cut material – controlled waste, so may be costly to remove.
• Great care must be taken not to actually spread the plant fragments.
• Cutting will not kill the plant.
One of the most popular methods of control is spraying; this has impacts on the surrounding vegetation. Japanese knotweed is often found growing along watercourses, where consent must be obtained from SEPA.
SEPA application form http://www.sepa.org.uk/regulations/authorisations-and-permits/application-forms/
Applying via SEARS http://www.sears.scotland.gov.uk/Herbicide.aspx
Herbicides can be sprayed directly onto the vegetation or a weed wiper can be used to target the application to the leaves. Stem injection is a more specialist technique, which has the advantage of only targeting the Japanese knotweed, but it is time consuming.
Treating the Japanese knotweed is a long term commitment as several years treatment will be needed to remove all of the plant. Monitoring of the area once the last of the Japanese knotweed is removed is important to ensure that no new shoots appear.
Advice for householders
Having Japanese knotweed is not a complete disaster for a homeowner; it can be eradicated and treated or simply contained. It may become an issue if you want to sell your home as some mortgage lenders have been put off by the horror stories; however there are ways to address this.
• Industry code of practice and accreditation for invasive weed contractors
http://www.property-care.org/ProGuidance.Invasive_Weed_Control.asp
• Insurance backed guarantee accepted by mortgage companies – there are several companies who will issue a guarantee to satisfy the lender and assign the guarantee to the new owner. This in principle means that the company promises to sort out the Japanese knotweed problem for as long as it takes.
• Link to Property Care Association website – this provides advice for homeowners who have Japanese knotweed http://www.property-care.org/Homeowners.Invasive_Weed_Control.asp
Advice for surveyors
Japanese knotweed on a property it is something that can be managed and treated and does not spell disaster for the property owner any more than dry rot would. It needs careful appropriate treatment. There is a lot of advice available; the Royal Institution of Chartered surveyors (RICS) publish information advising lenders and surveyors.
• RICS information paper http://www.rics.org/uk/shop/Japanese-Knotweed-and-Residential-Property-19137.aspx
Many specialist companies can be found who will treat the Japanese knotweed on your site in the most appropriate method. They should also provide a guarantee of eradication and that they will return to the site over future years to treat the Japanese knotweed for as long as is necessary. This written guarantee should satisfy any potential mortgage lender.
The Property care association members are all qualified and regulated in their Japanese knotweed treatment so would be ideal for this sort of work.
Who is responsible for Japanese knotweed control?
Japanese knotweed is the responsibility of the owner of the land on which it is growing. The best way to control Japanese knotweed that is spreading between properties is to secure cooperation between the neighbouring land owners. There are some misconceptions about role that nature conservation legislation can play in resolving disputes between neighbours over nuisance Japanese knotweed.
Framework of responsibilities
The framework of responsibilities framework set out in the code of practice has led to mistaken expectations, so to clarify:
• The lead organisations identified by the new Code of Practice have a power to use control agreements and control orders for invasive non-native species, however these are primarily intended for use where a new species or new outbreak occurs, and are only designed to be used as a last resort where other routes to agreement for action cannot be reached.
• For existing established species they can only be used where the failure of a landowner to cooperate puts a wider strategic project under jeopardy; for example, where the success of a catchment-wide project is threatened by the failure of a single landowner to allow access to the project to undertake control work.
• In the case of Japanese Knotweed, the lead organisation is SNH. We can provide advice on control methods and provide some limited support for invasive plant projects aimed at restoring the natural environment. However, we are not able to take any action in a ‘nuisance neighbour’ situation as described above.
Most public bodies aim to control invasive plants on land that they own or manage. Where they manage extensive networks or large areas of land they rely on the members of the public to report sightings. You should use the relevant customer helpline or feedback forms to report sightings Japanese knotweed on publicly owned land.
• Network Rail
• Trunk roads
• Local authorities – see websites for contact details
Make sure that you include your name, a contact telephone or email address and the exact location, including a grid reference or GPS coordinates, where possible. It is unrealistic to expect plants to be treated immediately but locations that are added to maintenance programmes will get treated eventually.
Useful links
–SEPA Technical Guidance Note On-site management of Japanese Knotweed and associated contaminated soils
https://www.sepa.org.uk/media/154142/onsite_mangaement_of_-japanese_knotweed_associated_soils.pdf
Non native species secretariat – page on Japanese knotweed.
http://www.nonnativespecies.org/factsheet/factsheet.cfm?speciesId=1495 Non- Native Species Code of Practice
