Forum Topic

Japanese knotweed in neighbour's garden

I'm wondering if anyone has any knowledge or experience that they can impart on this issue that I'm facing?To set the scene: I bought a flat in Chiswick in early 2021. It is a house converted into 2 flats. I share the freehold of the building with "Mr X", but (by leasehold) I own the first floor flat and Mr X owns the ground floor flat. Both flats have their own separate back gardens, which border each other.Mr X does not live in his flat, and it is instead rented out, so we do not know him particularly well or see him particularly often.Mr X has Japanese knotweed in his garden. We first spotted this in spring/summer 2021, and informally asked him to remove it. He did, but it appears that he only had it cut back and it quickly returned.We informally asked him again twice to remove it in 2022. The first occasion led to further cutting, and it then grew back. On the second occasion, his response was somewhere between being aggressive and blasé. Despite my attempts to explain the risks to the building and to neighbouring gardens, and that cutting it was in fact potentially counterproductive, he basically said it is his business and that he is not worried about it.We are now in spring 2023 and the Japanese knotweed has returned with a vengeance. It is sprouting through cracks at the base of the shared building (within Mr X's garden) and is getting extremely close to my garden.So what is my best option on how to proceed with this? I am considering writing a formal letter to Mr X, explaining my major concerns in detail and setting out the situation with Japanese knotweed under the law. Could I subsequently seek a Community Protection Notice against him if he continues to allow it to spread untreated?What I am a bit confused about is the freehold/leasehold situation. Am I in any way responsible for this situation? Should this have been flagged up on the TA6 form when I purchased the flat? The TA6 form was filled in by the seller to say that there is no Japanese knotweed - which is true for my flat and its garden, but not the entire freehold.Perhaps the answer is "it depends on the lease", but if anyone can provide any insight, it would be greatly appreciated. Thank you.

Alex Cavell ● 745d17 Comments

https://www.plantlife.org.uk/invasive-species-what-are-they-and-why-should-we-be-concerned/

Philippa Bond ● 717d

There was a very good article that came in with a mixed newsfeed.  It was in the Guardian about four days ago and was what they call a 'long read'.  It was - but was very enlightening.  You should be able to find it by going to the Guardian website and searching for 'Japanese Knotweed'.

Philippa Bond ● 717d

Taking a legal route here gets potentially complicated because you each wear two separate hats - that of leaseholder and that of joint freeholder.  Under a typical leasehold, the maintenance of the building (external walls, foundations etc.) and ensuring its structural integrity is that of the freeholder - so that is both of you.  So any damage caused by the JK will be your joint responsibility.  Mr X as leaseholder will have a duty towards the freeholder not to cause any damage to the building.  So the freeholder can sue him for that damage.  But since you're joint freeholders, you'd both have to agree to sue him - which is unlikely to happen.  You as leaseholder can sue the freeholder for not upholding it's responsibilities under the lease - but then you're effectively suing yourself.  I don't think that you as leaseholder can sue him directly in his capacity as leaseholder (unless the JK gets into your garden - but then only for that and not for the building damage).  But you as a joint freeholder could sue him in his capacity of joint freeholder for failing to fulfill his duties as joint freeholder.As I said, it can get very complicated, so best to sort it out without recourse to law.  But if you do, get hold of a good solicitor who specialises in these sort of freeholder / leaseholder issues - not just an ordinary conveyancing solicitor.

Andrzej Kowalski ● 738d

What is very worrying is the lack of seriousness given to the problems caused by weedkillers by both manufacturers and users.https://wickedleeks.riverford.co.uk/opinion/we-need-to-talk-about-glyphosate/

Philippa Bond ● 739d

Just find a decent lawyer and sue. Plenty offer deals on no win etc.

Russell Pearson ● 740d

The nuisance, worry and trouble this plant causes to people's lives seems to far exceed the damage it generally does cause. The potential though is huge and worrying for everyone.What is most worrying is that poor removal and disposal will just spread it as new plants will grow from any tiny piece of root rhizome.  The use of the most successful weedkillers are limited and licenced for very good reason but that doesn't necessary mean that those using them are as sensible as they should be!It is important that everyone knows what the worst invasive plants look like.  Otherwise vendettas against perfectly innocent and enthusiastically growing plants which have self-seeded and which are no threat are likely.

Philippa Bond ● 740d

That would probably be the best and cheapest remedy, you need to be licenced to carry out the treatment, which can take a couple of years, but there are plenty of reputable people who can do this for you.

Vanessa Smith ● 743d

When we had Japanese Knotweed in part of a shared garden, the eventual solution was to employ qualified professionals to get rid of it.  Under the contract they will treat it with the necessary chemicals, as trying to pull it up only makes it worse, and they returned to do it again as necessary until it was eradicated. They also removed and disposed of all the remnants. We also got a certificate which covered the process, which was useful when we came to sell.

Peter Evans ● 744d

Have you sought an opinion from the solicitors who did your conveyancing two years ago ?

Richard Greenhough ● 744d

Yes, we have had it identified as knotweed by experts.That's interesting to hear about treatment. I wonder whether we could save ourselves the hassle of trying to force our neighbour to pay for professional treatment by just offering to go into his garden and glyphosate it ourselves...

Alex Cavell ● 745d

Are you sure its JNW...Many other weeds about,more common now is catchweed and it gets everywhere is your not on top

Julian Pavey ● 745d

JKN is not as bad as everyone thinks. It is a nuisance but can be killed off as previously described. It cannot grow through concrete but will exploit and cracks at quite a rate.

Stewart Jones ● 745d

THis RHS page has plenty of informations about the legal niceties and also informationabout not confusing JK with other plants.However if you have what appears to be JK, and aren't prepared to wait years for a Court to finally decide in your favour having forkedout thosands in legal costs in the meantimne or spend hundreds for contractors to use thestrong stuff, you can try tackling it yourself with a glyphosate solution. Spring and summerare best time just be sure to keep it off everything else. Either paint it on the leaves or exposedcut stems rather than nspraying which shouldeventually kill it to the roots after one or two seasons. So the earlier the better        https://www.rhs.org.uk/weeds/japanese-knotweedstartquoteFor home gardeners, perhaps the most effective and simplest method to tackle Japanese knotweed is with a glyphosate-based weedkiller such as Roundup Stump Killer. This has label recommendation for controlling Japanese knotweed, instructing it to be applied to the cut canes or a foliar spray. Roundup Ultra also has label control for this weedAlternatively, try other tough formulations of glyphosate (e.g. Doff Weedout Extra Tough Concentrate or Westland Resolva Pro Xtra Tough oncentrate)Glyphosate-treated knotweed will often produce small-leaved, bushy regrowth 50-90cm (20in-3ft) in height the following spring. This is very different in appearance to the normal plant and it is essential that this regrowth is treated enquote:michael adams

Michael Adams ● 745d

Thanks Jayne. That's very interesting to hear. The TA6 form itself didn't make it clear that the question refers to surrounding areas, but a quick look at the Law Society's guidance online suggests that this is indeed the case."If you are unsure that Japanese knotweed exists above or below ground or whether it has previouslybeen managed on the property, please indicate this as 'Not known'. If 'No' is chosen as an answer, the seller must be certain that no rhizome (root) is present in the ground of the property, or within 3 metres of the property boundary even if there are no visible signs above ground."And in our case, the seller ticked "No", rather than "Not known"...

Alex Cavell ● 745d

Alex, it might be worth checking on all surrounding neighbours because it would be most unusual for it to just appear in a small garden. When I sold a property in chiswick last year the question was asked am I aware of any Japanese knotweed within the immediate area not just my garden. I didn’t have any in my garden but I put don’t know for the area because that was the truth. I think there was a case recently about a seller who didn’t declare JKW and he got a heavy fine. Call the lawyer who did the paperwork to check. Absolutely send an official letter to Mr X having having spoken with your lawyer etc,

Jayne Thorburn ● 745d

Thanks Vanessa. In this instance, I would consider that the "private nuisance" condition should not simply become applicable when the knotweed encroaches on our land/garden, but should already apply now since it is potentially affecting the building in which my flat is situated?

Alex Cavell ● 745d

https://www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading#:~:text=You%20do%20not%20legally%20have,to%20spread%20into%20the%20wild.As stated in the Environment Agency Knotweed Code of Practice “it is not an offence to have knotweed on your land”.  However, where knotweed spreads from one property to another or Japanese knotweed on neighbouring land interferes with your property rights, the relevant law is that of private nuisance.A private nuisance is an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership or occupation of land. Nuisance extends to include encroachment on to neighbouring land such as in the case of overhanging tree branches and tree roots which cross a boundary.

Vanessa Smith ● 745d