Island Life Magazine Ltd June/July 2017 | Page 129

Legal
Is it antisocial to grow
Japanese Knotweed?
By Terence Willey of Terence Willey & Co
Unfortunately, the problems associated
with that highly invasive plant Japanese
Knotweed show no sign of diminishing.
No matter how small the growth of the dreaded
Knotweed, it can cause major damage, being
powerful enough to break through tarmac and
concrete. In such extreme circumstances, it can prove
a long-term problem that is difficult to eradicate.
Whilst having Japanese Knotweed is not strictly an
offence, it is considered antisocial behaviour under
the Crime and Policing Act 2014. The Home Office
issued guidance saying that the Act covers individuals
who unreasonably fail to control and prevent the
growth of Japanese Knotweed. Where nuisance
becomes a problem, Local Authorities and the Police
can issue a Community Protection Notice after a
written warning has first been served. Any breach of
such Notice can be considered a criminal offence,
with fines of up to £2,500.00 for an individual and
£20,000.00 for a Company or Organisation.
Furthermore, a Local Authority has the power to
intervene and deal with the problem itself should this
be necessary.
The continuing difficulties with Japanese Knotweed
and remedies upon Councils and the Police under
the express legislation of antisocial behaviour, have
led Mortgagees to be far more cautious in lending
against properties where such a problem prevails.
This effectively has meant that in more recent
times, additional enquiries are raised during the
conveyancing process.
Mortgagees, when instructing their panel of
Surveyors to carry out valuations of properties, are
advised to be vigilant in reporting the existence of
any Japanese Knotweed in the survey. In some cases
mortgages have been declined or been subject to a
condition to carry out immediate effective eradication.
Ironically, the knotweed is not an unattractive plant
and has even mistakenly been taken for a cultivated
garden shrub. However its rapid and effective spread
is a clear feature and its ability to take ‘hold’ even in
the most unfriendly terrains where most other garden
shrubs would not survive.
Specialist firms have now emerged specialising in the
eradication of Japanese Knotweed but the golden rule
must be that if in doubt, then take expert professional
advice and seek a written Report. Such vigilance could
save you significant costs in the longer term.
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