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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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The council own a small piece of land directly behind my house

Resolved Question:

The council own a small piece of land directly behind my house which is over run with japanese knotweed, I have phoned them several times to ask them to deal with it and evenasked my mp to get involved, the last phone conversation I was told they won't be dealing with it as it has been like it for years. My mp was told they may deal with it in the spring. Can you tell me where I stand on this. My house is a small terraced between 2 council houses and the area I'm talking about is supposed to be access to the rear of the properties.
Regards *****
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello the council is in breach of S.14 of the Wildlife and Countyside Act for allowing the Japanese Knotweed to grow and as such you can bring a claim against them. Prior to doing so I would suggest you find out who is the head of legal services at the council and write to them saying you have an issue with Japanese Knotweed growing on council land adjoining your property which is being ignored by the relevant officers of the council and that it is causing you a nuisance.

taratill :

You should remind them of their obligations to remove the knotweed under the Wildlife and Countryside Act and ask them to confirm what action they are going to take to remedy this. You should give them 14 days to comply and copy in your local councillor and MP.

taratill :

If this does not produce the desired result you can lodge a claim against the council in the county court. You can either do so for breach of the Act or you can pay for the knotweed to be removed and claim the cost back from the council.

taratill :

That is up to you.

taratill :

I really do think that if you escalate this they will act. Budgets are low at the moment and unless people make a real nuisance of themselves they do not prioritise. You can also threaten to contact the local press.

Customer:

Ok I'll start with the letter, but how do I find out who is responsible for legal services?

taratill :

It will either be on the website or you can phone the switchboard and ask.

Customer:

Brilliant thank you.

taratill :

If you have any further questions please do ask or if I have answered your question please take the time to rate my answer.

taratill :

Thank you and all the best.

Customer:

No further questions at the moment, thank you for your advice.

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