Here at Tree Law we have dealt with numerous issues for clients involving invasive species such as bamboo and Japanese knotweed. Both are invasive species in the UK and can cause significant damage to properties, leading to legal disputes.
🐼Bamboo, particularly running bamboo, can spread aggressively through underground rhizomes. It can grow under fences, into foundations and through cracks in walls and driveways. Once established bamboo can cause significant destructive damage and it is difficult to eradicate once it has established itself, leading to expensive removal and remediation efforts.
🌱Japanese knotweed is notorious for its ability to grow through rhizomes and also grow through concrete and tarmac. Japanese knotweed is difficult to remove and has to be disposed of as controlled waste under the Environmental Protection Act 1990. It can only be disposed of at a licensed landfill site, transported by registered waste carriers. Japanese knotweed on or near a property can affect the property value. This arises from the fact that mortgage lenders may refuse loans secured over a property with Japanese knotweed close by. This limit to the mortgageability can have a knock-on effect on property price as it limits the purchasers down to cash buyers only.
The irony is that bamboo has been sold at garden centres as suitable for planning in gardens to create a natural screen. These plants can then grow rampant and cause significant issues despite the owners having been attracted to buying them at the garden centre.
Japanese knotweed is the reverse. The original scare about the impact the Japanese knotweed has on properties has reduced a little since the RISC paper in March 2022, indicating that it isn’t as big a risk as the mortgage companies previously thought.
As ever, whether buying or selling a house it’s advisable to get a survey to include a survey of the vegetation. When selling a house you have to declare on the TA6 form whether there is Japanese knotweed in the garden. Sellers have to answer this question with actual knowledge so, if you want to tick the ‘no’ box you should have had a professional survey to confirm that there is no Japanese knotweed present.
Case law on Japanese knotweed seems to arise in the south Wales area. Williams & Waistell in Neath and Davies v Bridgend in Bridgend. We are well placed here in South Wales to answer your invasive species queries
Check out the work we do on invasive species here – Invasive Species | Tree Law – Legal tree expert
Tree Law TV episode on Japanese Knotweed – Japanese Knotweed Risk and the case of Williams & Waistell – v – Network Rail
