Japanese Knotweed is innocuously - even exotically - named but can prove to be a persistent and costly problem if it is found on your land. As an extremely invasive species, Knotweed can take over gardens, as well as potentially damage buildings, if not eradicated properly. Do you need legal advice for Japanese Knotweed in Scotland?

What can you do if Japanese Knotweed is spreading to your property?

Knotweed can also prove to be a significant problem if it is growing on a neighbouring property and threatens to spread to your garden.

• At present there is very little that can be used to compel a neighbour to take decisive action and remove the Knotweed, even if it is likely to spread to your land
• It is not an offence for your neighbour to allow Japanese Knotweed to grow on their property
• Neither SEPA nor local authorities are obliged to control it

Although the Wildlife and Countryside Act 1981 makes it an offence for any person to "plant or otherwise cause Japanese Knotweed to grow in the wild" there is a lack of clarity within the Act, as it does not define "in the wild". Whether there is a requirement for owners to prevent the spread of Knotweed to adjoining properties in terms of this Act is unclear.

Nuisance

It may be possible to show that a neighour's failure to prevent the spread of Knotweed constitutes a common law nuisance, an intolerable interference with a person's use or enjoyment of their property.

Potentially, a court order could be obtained forbidding a neighbour from allowing the nuisance - the Knotweed encroaching upon onto your property - to continue. In doing so, the court could require the proprietor to remove the Knotweed entirely to prevent the problem recurring in the future.

There appears to be no Scottish case relating to a nuisance deriving from Japanese Knotweed. There is an unreported English case where a local authority was required to take action to prevent Knotweed encroaching from their land onto a neighbouring property, although the legal basis is unclear.

As with most neighbour issues, taking a practical approach and discussing the matter with your neighbour to reach an amicable solution will often be the best tack to take initially.

If you require further information on disputes with neighbouring property owners, please contact our team, we would be happy to assist.