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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice.
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There is a large area of Japanese Knotweed in the next door

Customer Question

There is a large area of Japanese Knotweed in the next door garden that is starting to encroach on my property. The house is managed and the agents have been approached but appear to be doing nothing about it. Can I take legal action to force them to get it removed and will I be able to get costs awarded against them for any damage to my property?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What damage has this caused to your property?

Have you had a solicitor threatening them with legal action?
Customer: replied 3 years ago.

At the moment no damage has been done but the fact that it is now growing under my property and is within 1.5 metres of the house there is the likelihood of damage being soon done.

I have told them that I have approached a solicitor but have not yet had a letter sent to them.

Expert:  Remus2004 replied 3 years ago.

Thank you.

This is common law Private nuisance (it may also be public nuisance) but is not any kind of statutory nuisance.

You are entitled to charge the neighbour for the cost of remedying any invasion onto your property and any damage caused which has been caused as a result of their negligence and the fact that they have simply ignored this problem.

There is no duty on the neighbour to notify anyone of the knotweed problem however the waste itself is notifiable waste and has to be disposed of in a particular way.

If they have ignored your representations so far they may take a little more notice of a solicitors letter but if they don't, you are faced with taking them to court for the cost of remedying the problem in your garden and abating the nuisance in their garden.

Check your house insurance because it may have legal expenses cover attached to it and if it does, the insurance company may pay the legal costs. It is certainly worth checking.

Can I clarify anything for you?