As Spring approaches, and we start to look forward to warmer weather, many will be making plans, to get out their gardening equipment and venture out into their gardens.
We will be looking out those precious plants and those which sadly have not survived the winter.
Whilst we will know many of the plants which can be easily identified, there will be some that are not familiar, and indeed may be weeds that need to be removed.
With this in mind, you may not be aware that your garden could have had an alien invasion! Not from outer space, but from Asia.
In comparison to many countries, the UK has few invasive alien plants, but Fallopia Japonica, commonly known as Japanese Knotweed, is one of them.
It arrived in the UK around the mid 19th century, from Japan, when it was brought in as an ornamental plant. It soon proved to be a highly invasive weed which, can grow up to 7 feet in one season, spreads relentlessly, damages property and overwhelms other garden plants.
Responsibility for controlling invasive weeds lies with individual property owners, although they are not legally obliged to remove them, since the natural growth and spread of these plants is not in itself an illegal activity, unless it is causing nuisance to neighbouring property.
Dutton Gregory's Julie Boarder said "if Knotweed is found on your property this can be a problem. First there is the cost and time of clearing and de-contamination, secondly it can cause blight on a site and finally, the possible spreading of the problem by removal of the weeds which can then give rise to potential nuisance to neighbouring land owners".
Recent articles have suggested that Mortgage lenders have refused to lend on properties where Japanese Knotweed has been found growing either at the property or in close proximity.
Julie advised "the removal of Knotweed is now classed as “controlled waste” under the Environmental Protection Act 1990 and requires disposal at licenced landfill sites. It should never be included in normal household waste and is listed under Schedule 9 of the Wildlife and Countryside Act 1981, making it an offence to cause or allow the plant to spread in the wild".
For further information or advice please contact Julie at Dutton Gregory LLP, Solicitors on 01962 844333.
