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Read more on The Environmental Protection (Duty of Care) Regulations 1991. A purchaser of property affected by Japanese Knotweed may be able to bring a claim against the vendor on the basis of answers provided in the Law … If you own or manage a property or land which is affected by Japanese knotweed, you are responsible for the control of the invasive weed. However if a seller, based on the best of their knowledge, answers ‘No’, and it subsequently transpires that the plant is present, then the buyer may pursue the seller for compensation. Japanese knotweed infected or plant material that is to be discarded is classed as controlled waste and must be removed from the site for disposal by a SEPA license haulier, the waste must be accompanied by appropriate Waste Transfer documentation prepared by the haulier. The EPA 1990 is supported by the Wildlife and Countryside Act 1981 which states that ‘if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence’. Cookies are sent to your browser by a website, which are stored in the cookies directory on your computer. Find out more about our Japanese Knotweed Survey here. This means if an individual, or organisation is not controlling Japanese knotweed or other invasive plant and could be reasonably expected to do so, the CPN could be used after a mandatory written warning has been served beforehand to get them to stop the anti-social behaviour. Legislation states that Japanese Knotweed is classed as controlled waste, and if not disposed of correctly, may lead to prosecution under section 34 of the 1990 Environmental Protection Act (EPA). Even if the knotweed is treated and removed, losses can still be between 6-9%. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. If you have bought a house that's affected by Japanese knotweed, and you are able to show the seller knew about Japanese knotweed on the property, you can sue the seller. In these circumstances, you should ask your neighbour to effectively treat the knotweed not only on their land but also on your property in order to solve the problem and ideally the remedial action they choose should include a suitable guarantee. However, it has distinctive characteristics. 269 Field End Road,
A depth of 2 metres is acceptable, but in this case you must wrap the remains completely in the membrane layer. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011, on your property does not break the law.. This is not due to any changes in the law, but due to a small number of cases where surveyors have been found negligent for failing to spot knotweed. While it’s not illegal just to have it on your property it is a criminal offence to ‘plant or cause to grow’ Japanese Knotweed. Email: firstname.lastname@example.org
Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. Allowing Japanese knotweed to spread to neighbouring properties may be viewed as a private nuisance under common law, but this would be a civil matter. In some cases, it may be that the neighbour is renting and the landlord is simply unaware that they have an infestation on their hands. In the event that you have discovered knotweed on a property that you have purchased after a survey or TA6 property form stated otherwise, then you may be able to claim against the property surveyor or the previous owner of the property for the costs of the knotweed treatment. This issue is exacerbated by property owners lying about the presence of knotweed and by a lack of transparency within the Japanese knotweed removal industry. 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