Invasive Vegetation Management & Treatment Ltd - July 2021 Newsletter

Are You Still Looking for an Expert Company to Resolve a

Japanese Knotweed Issue?

 

Michael Alderwick    michael@i-v-m.co.uk     Tel: 07836 321219

Japanese Knotweed on Your Property

The presence of Japanese Knotweed can now pose significant legal and financial problems for individuals and organisations. The presence of the plant on a property or even in close proximity to a property causes difficulties to people wishing to secure finance. The problems securing finance coupled with the damage that Japanese Knotweed can do, severely restricts demand for, and reduces the value of the property where it is an issue. There have been reported cases of owners being unable to sell their property or having to sell below market value.

 

Until recently there had been no major legal cases on Knotweed and property owner’s responsibilities to their neighbours. However, a successful case against Network Rail on behalf of a house bordering a railway embankment has serious implications going forward. The case was heard in Cardiff between 28-30 November 2016 and the judgement was handed down on 2 February 2017, as a result damages were awarded for the cost of treatment and the residual diminution in value of property after the treatment had been carried out.

 

The case may be significant as it holds the landowners to account and imposes a positive duty on them to ensure that any Knotweed that is on their property is not preventing neighbouring landowners from being able to sell their property for market value. Failing to comply with this obligation will result in awards for damage for the cost of treatment of the Knotweed and the residual diminution of value.

 

Network Rail has subsequently lost their appeal against the court ruling in July 2018.

 

The Court of Appeal described a claim of public nuisance as one based on a violation of real property rights. It was ruled by the Court of Appeal that the encroachment was a classic example of an interference with the amenity of the land.

You would be breaking the law if you:

• Caused the Japanese Knotweed on your property to spread into the wild. This would contravene the Wildlife & Countryside Act 1981 (as amended). This could include allowing the plant to spread from your property into the neighbouring land by its rhizomes extending underground into the adjacent land. It is accepted that the distance Japanese Knotweed can spread underground is a maximum of 7m.

 

• Dig up and cut down and then remove the plant from your property. In so doing, the material becomes classed as a waste and would need to be taken to a licensed landfill site with the facilities to deal with it, this can be expensive! If you disposed of it elsewhere, you would contravene the Environmental Protection Act 1990.

The Problems Caused by Japanese Knotweed and How to Deal with Them

In the last few years leading experts within the Japanese Knotweed industry working closely with The Royal Institute of Chartered Surveyors, major lenders, building societies, The Property Care Association and insurance underwriters with solutions to Japanese Knotweed infestations.

 

The outcome has been the adoption of advice from RICS which in turn removes the risk identified by lenders and by The Property Care Association Invasive Weed Group members who now have access to 10 year insured treatment policies.

 

What would we recommend? The first and obvious question is “Do we need to control or do we need to eradicate?”

 

Assuming the answer is to eradicate then as with most things seek professional advice but choose wisely.

 

If you choose to control then compare the cost of continuous control without defined outcome with the induction of professional expertise and peace of mind for at least 10 years.

 

There is no singular solution to the problem, it is always dependent upon the individual circumstances , usually dictated by other constraints from an infestation in a domestic garden through to a redevelopment programme which requires immediate actions for the sale of land or a redevelopment proposal with a strict timetable for construction implementation. In the last 12 months we have dealt with a small single stand in a front garden through to a major infestation on a multimillion superstore retail development.

 

Experts within the Japanese Knotweed industry such as ourselves will be compliant with adopted code of practice and can offer options for eradication.

What you need to be looking for should include:

• Expert site assessment
• A follow up report and proposal in the form of a Japanese Knotweed management plan.
• The plan should include consideration of the options and an explanation as to how the recommended action was arrived at.
• The plan should include or be accompanied by costs or a programme of costs.
• If relevant to circumstances you should be offered an appropriate warranty for the work and the option of an insured guarantee.
• If you accept the Japanese Knotweed management plan and associated costs you should be offered a contract to agree the works with the Japanese Knotweed specialist.

 

Remember, if you want to know more or simply seek advice then your contact will always be welcomed.

IVM ‘FAST’ System – Foliage & Stem Treatment

 

A cost effective solution to your invasive vegetation problem has arrived;

Invasive Vegetation Management & Treatment Limited (IVM) will produce a tailor-made program for your site, we work in with your time restraints, budget and ecological issues.

IVM’s flagship methodology, known as the IVM ‘FAST ‘ System (Foliage and Stem Treatment) guarantees treatment of Japanese Knotweed & other invasive species.

This advanced system uses the latest herbicides and application techniques to create a methodology that is cheaper and faster than its rivals.

The ‘FAST’ System uses different herbicides at different times of the year to kill different parts of the plant, in addition to the herbicides, products are applied to improve translocation rates, limit evaporation and assist the herbicide to adhere to the plant.

More information regarding IVM’s treatments, methodology’s and contact details can be found on our website.

Invasive Vegetation Management & Treatment Ltd, 2 Stone Cross, Water Orton, Birmingham, B46 1NA

www.knotweed-uk.com
Tel: 07836 321219 or 0121 366 8916
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