japanese knotweed ireland law

Home / Services / Civil Law / Japanese Knotweed. The TA6 form's Japanese knotweed question was revised in February 2020. Is Japanese Knotweed illegal? Specialist Japanese Knotweed solicitors are the best way to make an effective claim against a neighbour or property surveyor. SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT OF 1981. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. In some cases, mortgage lenders have even refused loans … It is extremely difficult to eradicate and can make property unsaleable. The government has introduced a number of Japanese knotweed laws and regulations surrounding the control, growth and transportation of Japanese Knotweed in order to protect homeowners, businesses and the environment alike. We are an environmental company specialising in all types of land remediation, based in Co Kerry and we cover the whole of Ireland with our services. How to identify Japanese knotweed.. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. The 1981 Wildlife and Countryside Act refers to England, Wales and Northern Ireland; whereas Scotland is covered under the 2011 Wildlife and Natural Environment (Scotland) Act. To make matters worse, research indicates that very few people are readily able to identify Japanese knotweed. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. To date there have been no reported cases of knotweed actions in Ireland but it can only be a matter of time as the spread of knotweed is endemic throughout the country. At Cobleys, our specialist Japanese knotweed lawyers have successfully represented clients whose properties have been affected by Japanese knotweed. Irish Law Simply put, if you directly or indirectly cause the spread of Japanese Knotweed or any other non-native invasive plant species listed under the Third Schedule of the European Communities (Birds and Natural Habitats) Regulations 2011 [SI. We can safely and effectively remove Japanese Knotweed throughout Northern Ireland : What’s the big deal? As determined by the Court in the decision of Williams and Waitsell v Network Rail, owners have a duty of care to ensure that Japanese Knotweed does not spread from their land. Japanese knotweed can grow at the rate of 10cm a day during the summer. By Paolo Martini on 11th February 2019 (updated: 14th July 2020) in News. Because Japanese knotweed is classified as “controlled waste” by the 1990 Environmental Protection Act, many places, like the United Kingdom, require you to dispose of it at a licensed landfill site. Whether you have recently bought a house and discovered Japanese knotweed or are worried about Japanese knotweed on adjoining land our Japanese knotweed solicitors will be able to advise you. In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers. However, we will look at the civil liability associated with this plant below. Japanese Knotweed is an invasive species which in itself doesn’t automatically mean that it is going to be a problem to you. A distinguishing feature of Japanese knotweed is the zigzag pattern in which leaves are arranged along the plant’s arching stems. Japanese Knotweed, the law and you. These laws have been put into legislation slowly … The dreaded Japanese Knotweed has long been the bane of property owner’s lives and, although awareness of it is rapidly growing, many are unaware of the legal and practical implications of Japanese Knotweed. Japanese knotweed Japanese knotweed (Fallopia japonica), is an invasive herbaceous perennial (a plant that can live more than one year). Problems Created By Knotweed . Stay on designated trails and keep pets on a leash. The law and Japanese Knotweed . The Law Society has amended its explanatory notes accompanying the TA6 conveyancing form which will prompt a “sharp increase” in sellers answering “not known” to the Japanese Knotweed question. The Wildlife Order (NI) 1985. The laws and legislation regarding Japanese Knotweed differ depending on which part of the UK you are in. Property owners therefore need to be alive to the risks that it can create. Look up the regulations concerning Japanese knotweed in your area. Prevent spread of Japanese knotweed. Causing Japanese knotweed to … It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment; If it can be shown that a schedule 9 plant has spread from a landowners property onto another property, then the … Identify Japanese knotweed. No. If the Japanese knotweed is deemed to less than a ‘safe distance’ from the property itself then they will ask for proof of either remedial work having been completed, or that a Japanese knotweed treatment plan is in place. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011, on your property does not break the law.. Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild.So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. If you have Japanese knotweed on your property you must not allow it to spread to neighbouring gardens/sites. The Japanese Knotweed infestation in Cork is a real epidemic. Japanese knotweed is an invasive species which can cause damage to property and render houses difficult to sell. Leaving trails or entering areas containing Japanese knotweed can encourage the spread of this plant. Control systems and banning the sale of Japanese – Knotweed was introduced & now it is controlled by a raft of government legislation, which to this day, is still being ignored in many cases. You must not cause Japanese knotweed to grow in the wild. Giant knotweed leaves are generally twice the size of the other 3 species. Digging out Japanese knotweed - you must consult SEPA before you use this method. Never buy or plant Japanese knotweed. Japanese knotweed UK law. Japanese Knotweed Claims. — THE LAW IN ENGLAND AND WALES. If SEPA agree to you using this method you must clear all of the leaf and stem material above ground and remove all of the roots and fibres in the ground along with any soil or earth that contained the roots and fibres as this will be contaminated. The Japanese Knotweed Company is Ireland’s leading Knotweed control company, we specialise in the treatment, control and eradication of Japanese Knotweed throughout the island of Ireland. This dangerous plant, once rooted on your property, is almost impossible to remove. Japanese Knotweed Law and Legislation is very clear. Japanese Knotweed Law & Legal Advice. This places a new onus on buyers to make their own enquiries into whether a property is affected. Now, when selling a property, you can only answer 'no' if you are certain there is no Japanese knotweed within 3 metres of the property boundary.. Image: Horticulture Week Japanese knotweed is the cause of approximately £170 million worth of home repairs in the United Kingdom every year and is causing problems for developers and private homeowners. There is provision within Common Law to take civil action against neighbouring landowners where the spread of Japanese Knotweed is considered to be a private or public nuisance. Under the Wildlife and Countryside Act 1981, Japanese knotweed growth can lead to the criminal prosecution of an owner or occupier if they do not handle the plant in accordance with the law. Japanese Knotweed. The law. Japanese Knotweed Removal Training has a team of Contaminated Land & Invasive Species Experts delivering training in Ireland on the Control of all Invasive in particular Japanese Knotweed. It is against the law to buy, sell, trade, propagate or purposely grow Japanese knotweed. Knotweeds spread rapidly through root systems that may extend from a parent plant up to 20 metres laterally and up to a depth of 3 metres. Yet, Japanese Knotweed’s extraordinary powers of growth (the weed can grow 20cm in one day) and ability to penetrate concrete have caused havoc for property owners and the foundations of their homes. KNOTWEED LAW. Japanese Knotweed is on the rise across Northern Ireland, an invasive non-native weed, it is known for spreading rapidly and is strong enough to break concrete. Generally having any invasive species listed under annex 2 of the S.I. You must prevent Japanese knotweed on … Every noted Japanese Knotweed plant in the Ireland is female. Because of the fast-growing nature of the plant, it can cause great damage to … Our team has experience with liasing with Government Departments on the Island of Ireland. We have successfully gained compensation for a large number of clients and our knowledge of Japanese knotweed law is unparalleled. Botanist and ecologist Dr Frances Giaquinto says Japanese knotweed is a rampant threat now prevalent in every county in Ireland. Prosecutions have been made in Northern Ireland so government bodies do take it very seriously. The Japanese Knotweed Key Legal Case – Williams and Waitsell v Network Rail. The Post Office and Bank of Ireland expect their valuers to make their decisions based on the RICS guidance. The Japanese knotweed and its rhizomes presence impose and immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land. Northern Ireland departments and local councils have no legal responsibility for the removal of Japanese Knotweed on any private land, nor can they compel a landowner to remove it from their own land – this is considered as a civil matter dealt with by common law. Since it was introduced as an ornamental plant in the 19th Century from Japan, it has spread across the island of Ireland, particularly along watercourses, transport routes and waste grounds where its movement is unrestricted. 477], you are breaking the law and as such, liable to be prosecuted. Japanese knotweed is a perennial plant that can grow up to 10cm a day. For example, former Labour Party TD Joe Costello recently urged local Stoneybatter residents to take an action against Dublin City Council for their failure to deal with the invasive weed. In fact, this plant can cause serious damage and devastation to foundations, roads, paving, retaining walls and agricultural land. This can result in civil prosecution. 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