HOMES AND GARDENS
OVER THE HEDGE
Maxine Nutting from Trethowans reveals how legal support is essential when dealing with fast-growing Japanese knotweed
Joe and Meg live next door to Roy . Roy ’ s garden is overgrown and , worse still , there is Japanese knotweed , which is now steadily encroaching on Joe and Meg ’ s garden . Roy refuses to admit there ’ s a problem .
It ’ s an all-too-familiar case for Maxine Nutting , who specialises in dispute resolution as an associate at Trethowans .
“ Japanese knotweed was originally introduced into England as an ornamental plant ,” she explains . “ However , it has grown so successfully in this country that it ’ s become invasive and can grow through drains , walls , tarmac and even concrete , causing damage to property . Worse still , growth of up to four metres in 10 weeks can occur during the Summer , with the plant spreading up to seven metres horizontally underground .
“ Quite aside from the cost of removing it , the sheer presence of Japanese knotweed can have a significant impact on property values , pushing up insurance premiums and resulting in mortgage offers being withdrawn .”
Consulting a solicitor sooner rather than later is important to reducing acrimony . “ An initial letter indicating that a neighbour is causing the legal tort of ‘ private nuisance ’ by damaging your land or reducing your capacity to freely enjoy and use your land is the best way to start ,” Maxine says . “ Before that , we recommend an independent site survey by a member of the Royal Institution of Chartered Surveyors . We then have all the information we need to objectively point out the legal obligations of an offending homeowner to treat Japanese knotweed on their property .
“ Clients don ’ t always realise that they may also be due compensation against loss of value of their homes . Knowing that you have had Japanese knotweed must be declared if you are selling a property – regardless of whether it has been treated – which can have big implications for sellers . In the worst cases vendors may find their homes unsellable , as mortgage companies will not secure loans against them .” Home insurance policies don ’ t typically cover removing the plant or making good any damage it causes .”
Few cases go to court , with Trethowans ’ experienced team managing cases ‘ with kindness and professionalism ’, as Maxine puts it . “ No one wants to find themselves liable for having Japanese knotweed and paying out not only for treatment but also for compensation . Like many legal issues , Japanese knotweed is best tackled head-on with an empathetic , composed , and proactive approach , which is something we pride ourselves on at Trethowans .”
Staying on top of your garden is vital , Maxine says . “ Catch Japanese knotweed before it becomes a problem and you ’ ll not only save yourself emotional angst and financial losses – you ’ ll avoid spreading it too .”
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