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Is it illegal if Japanese knotweed spreads to my neighbour
By Ross Cheeseright

Is it illegal if Japanese knotweed spreads to my neighbour

Question: Is it illegal if Japanese knotweed from my garden spreads into my neighbour’s garden?

Answer: Yes, if Japanese knotweed from your property spreads to a neighbour’s, it’s considered encroachment and can lead to legal action against you as a private nuisance claim.

A Closer Look: 

Allowing Japanese knotweed (Fallopia japonica) to spread beyond your property boundaries constitutes as encroachment, encompassing both above-ground vegetation and underground rhizomes. Property owners are legally obliged to prevent any part of the plant from encroaching onto neighboring properties to avoid actionable claims under the concept of private nuisance.

Under private nuisance law, Japanese knotweed encroachment can result in legal consequences, including liability for damages and injunctions to control its spread. To mitigate these risks and maintain positive relationships with neighbours, property owners should implement proactive measures to eradicate Japanese knotweed and prevent further encroachment by having a management plan in place.

To find out more about our knotweed knotweed solutions or to get professional legal advice speak to the team.

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