What is Japanese Knotweed?

Japanese knotweed is a fast-growing, invasive weed, It is rapidly becoming one of Britain’s most invasive weeds. Japanese Knotweed can remain dormant for over twenty years, but once it begins to grow, it can spread at a pace of 1.2 metres per month and up to a whopping 10cm a day. It develops a series of underground roots and shoots, referred to as rhizomes, which can grow out for several metres from the original stand. It is characteristic by its hollow, purple stems and heart-shaped leaves. If you need more information on this, we have a page dedicated to helping our clients to identify Japanese knotweed.

If you work within an industry where Japanese Knotweed poses a real threat, whether that be through your client’s property, your development site or even legal disputes, our Japanese Knotweed CPD course may prove to be invaluable for you!

CPD is an important part of any professional’s development in the workplace and ensuring you are booked onto our next event ensures you are kept up to date with any changes in Japanese Knotweed legislation.

In today’s culture of “where there’s a blame, there’s a claim” can you really afford to be sued for negligence?

Get in touch on 0800 1337 444 to book onto the CPD course now!

What the Waistell vs Network Rail case means for you…

We have all heard about the landmark Japanese Knotweed case of Mr Waistell v Network Rail, but what exactly was the precedent which was set following the hearing?

Japanese Knotweed was typically used by Network Rail to stabilise railway embankments in the past, and due to this, most railways in Britain are dotted with stands of the invasive weed. Unfortunately for Mr Waistell, his property backed onto one such area. Although there was no Japanese Knotweed growing on Mr Waistell’s property, it was in such close proximity, so as that his solicitors were able to argue that it was interfering with “quiet enjoyment of the property”. This shows us that if there is a premise for Japanese Knotweed to spread onto your property, you have some legal standing.

If you do find yourself in a situation where there is Japanese Knotweed growing within close proximity, we would always advise initially getting in touch with a Japanese Knotweed remediation company as they will be able to come out and conduct a survey for you to get a more detailed insight into the situation at hand.Following the survey, the company should be able to provide you with a management plan to eradicate the Japanese Knotweed. Depending on the extent of the Japanese Knotweed, you may not be prepared to pay for these costs, and this is when getting in touch with a legal professional will come in handy.

If you think there is Japanese Knotweed growing on a neighbouring property or site, please feel free to get in touch with us on 0800 1337 444!

Neighbours with Knotweed – a guide to avoid disputes

Your home is your castle.

And if you are particularly house proud, you will know that the outside of your home is just as important as the interior. So what should you do when you notice Japanese Knotweed growing in the property next door?

Ideally, you will get in touch with the neighbour initially to see if there is an eradication plan in place. Once you know the status of the offending plant, you should be able to then decide your next steps on how to proceed.

If there is a management plan in place, there’s no need to worry as the neighbours are adequately dealing with the problem. If not, there a few options you can explore:

1. Arrange for a Japanese Knotweed professional to come out and assess the situation: by doing this you are able to determine as to whether or not the Japanese Knotweed will affect your property directly. They will then be able to advise of any recommendations they may have with regards to your property.
2. Get in touch with the Environmental Agency: if the Japanese Knotweed has spread over into your garden, your neighbour is liable to pay for the costs of remediation. This is because although it is not illegal to have Japanese Knotweed growing on your property but it is illegal to allow it to spread, and by doing so, your neighbour may be faced with a fine of up to £2,500.00 plus the remediation costs!
3. Take out your own management plan: with your neighbours permission, it may prove easier to take out a management plan yourself for the remedial work on their property – this would be the best situation if you are looking to sell your property, as many mortgage lenders will refuse to allow funds against a property which has Japanese Knotweed growing within 7m of the boundary. This is obviously a last resort and you may need to decide whether or not the sale of the property is worth the treatment cost.

If you think you may have Japanese Knotweed growing on your property, speak to the experts! Get in touch today!

What is a P35 Expert Report?

A P35 Expert Report is a legal document which is produced in court. It includes all of the information about your particular case of Japanese Knotweed. You would normally need a P35 Expert Report when Japanese Knotweed has crossed a boundary or has caused some liability for one of the parties. This would include a neighbouring property being devalued due to the Japanese knotweed being present on a neighbouring property. This, therefore, might mean that to take your case to court, you need expert documents to prove liability. All our P35 Expert Reports are PCA compliant and in accordance with PD 35 and CPR 35 regulations. This ensures that we provide the most accurate and helpful information in your court case. We work in conjunction with solicitors all over the country to ensure that their clients are provided with an accurate and impartial account of any Japanese Knotweed issues.

What do we do?

Our duty, as the experts, is to provide the court with the correct information required in our field of expertise. As such, our reports contain all of the information the court will require when reaching a verdict and we treat each case with the utmost care and comprehensibility to ensure the desired result is achieved. We are available to answer any questions which may arise, either from yourself or the court, ensuring a full and informed view is given to the members of the jury. Being one of the few companies in the UK that can deal with P35 Expert Reports AND is PCA accredited means that we will be held accountable to the standards set by the PCA, to ensure that we meet your expectations and more! If required, we can also appear in court as the expert witness to answer any questions. We have a full list of our qualifications and accreditations here.

What is included in our reports?

We can work on a joint or single party basis and will ensure that you receive your P35 Expert Report within 48 hours of us going out to the site. This quick turnaround will be fundamental in arguing your case! As our experts have years of experience and knowledge, we will be able to answer any queries you may have throughout the entire process. We work diligently on all cases to ensure that you have valid and comprehensive information to present to the court.

The reports are written solely by ourselves, so you can be sure that the content has not been influenced by the opinions of any external parties. This is crucial as the court will require a source which is completely informative and unbiased. If this is not the case, then the report will be declared as void.

Our reports include but are not limited to:

• A site assessment
• Recommendations for treatment or removal
• Conclusions
• Report basis

Get in touch

Get in touch today if you need advice or a P35 Expert Report. Either fill out a contact form here or give us a call on 01782 479444.