knotweed and the idiots at network rail

captainpants

hi everyone

I own a house next to a vacant site owned commercially by Network Rail and there is a serious knotweed infestation on the vacant site with the visible knotweed growing very close (within 20cm) of the boundary fence.

I have notified Network Rail and they sent in general contractors to clear the plant which did nothing and the knotweed is growing back more than ever. The contractors didn't even clear all of the knotweed as part of it is growing on the boundary fence by the railway cutting which even they are not allowed to set foot on. The last I heard from Network Rail 3 weeks ago was that the query had been passed to their maintenance team. Network Rail are not replying to my emails (nor answering their phones) about the re-growth and I am concerned about the root system which is no doubt encroaching on not only my house foundations but also the home studio which was built 6 months ago in my backyard and cost a LOT of money.

My hubby and I bought this house in the winter when there was no sign of knotweed and our mortgage provider did not spot it either or at least did not think it a threat if it was spotted.

There is a locked gate preventing access to the site but even if we could get on it to check the extent of the spread that would be considered trespass by Network Rail.

Has anyone every taken legal action for this? I am seriously considering taking Network Rail to court - if only to get their attention. They didn't use experts to remove the plant - the contractors turned up with 'the strongest weedkiller we could find at B&Q'. Obviously sending them back is futile.

Any tips and/or prior experience gratefully received

thanks

00ec25

Remind Network Rail that the prevention of its spread is a legal obligation for landowners under the Wildlife and Countryside Act 1981.

captainpants

Thanks for the info. I have been reminding them of their legal obligation - and they responded by sending in general contractors who did nothing at all as the knotweed is growing back. So I feel like they are calling my bluff and I need to really bring it home to them via the courts.

SuzieSue

00ec25 wrote: »

Remind Network Rail that the prevention of its spread is a legal obligation for landowners under the Wildlife and Countryside Act 1981.

Agreed, you need to send them a legal letter. If you don't want to do it yourself, I just found these people in google - it can't do any harm speaking to them and seeing what they say:

http://www.phlorum.com/japanese-knotweed.html

princeofpounds

Before you try court, it seems to me that you can look at involving either the police and/or the local authority, who both have enforcement powers.

The crime is failing to control the knotweed and disposing of it incorrectly, not simply having it, so it might not have reached the criminal level but I would imagine the council would be interested.

http://www.environment-agency.gov.uk/homeandleisure/wildlife/130079.aspx

Humphrey10

OP do you get an answer from the number on this page?: http://www.networkrail.co.uk/aspx/1034.aspx

ado

princeofpounds wrote: »

Before you try court, it seems to me that you can look at involving either the police and/or the local authority, who both have enforcement powers.

http://www.environment-agency.gov.uk/homeandleisure/wildlife/130079.aspx

Please don't call the police over this as we have enough work to do dealing with noisy neighbours, kids playing football, verbal domestics, or car parking problems, without getting involved in a garden problem no matter how potentially serious it is to your house. The local council would be far more appropriate and knowledgeable.

CapJ

OP I hope you are taking lots of photos and dating them!

Crops_and_croppers

remember that knotweed will not be eradicated in one spraying session, the contractors should be rebooked to come back again and repeat the process.

It is a notifiable weed so ring your council environmental dept and then get back on to Network rail to ask when the contractors are coming back to do the next treatment.

You can treat it with Roundup which is what they'll have bought at B&Q but it really needs the stronger version (not available at B&Q) or specific chemical.

captainpants

Thank you everyone for the helpful replies.

1. I am not planning on calling the police but will call the local council.

2. I am taking photos. Am having fun taking them and emailing them on a regular basis to the contact I have at Network Rail along the lines of 'this is how high the knotweed is now'

3. I realise that it will take a few sessions to eradicate the weed however there's no point doing it if they are not eradicating all of it per session...the weed on the railway side has not been touched

I managed to find a number for the contact at network rail (and of course the woman is out of the office until next week - I think the one person in charge of commercial property only works part time)however for the legal letter I would need the correct office address....this might be a challenge.

anyway, I will keep everyone posted and update this thread.

Thanks again. I am trying to follow the proper channels and solve this problem - it's a tricky one but I hope it ends well.

Richard_Webster

Next spring as soon as you see it shooting through the ground spray it with a strong solution of Roundup and keep doing this.