Japanese knotweed locations
Japanese knotweed can be found almost all over the country. It can readily grow in nutrient-poor or contaminated soils, exploiting marginal areas of Derelict land in urban areas and along railway lines. As most of its biomass is below ground, it only needs a small area of bare earth to push shoots through. See Practice Note: Japanese knotweed—management.
The legal framework
Although there is no legal obligation to remove Japanese knotweed or to report it to regulators, the spread of Japanese knotweed can result in civil and criminal Liabilities and adversely affect the value, marketability and insurability of land.
Civil liability
A neighbour can bring a Common law claim against the landlord or tenant if Japanese knotweed causes loss of enjoyment or damage to their land. See Practice Note: Private nuisance—general principles.
The encroachment of Japanese knotweed onto a neighbour’s property may also give rise to liability under a private nuisance claim. The Court of Appeal in Network Rail Infrastructure Ltd v Williams found that there is a potential liability even before Japanese knotweed has caused physical
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Derelict definition
What does Derelict mean?
Parts of a wrecked ship that have been washed ashore.
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