Japanese Knotweed coming into garden from council ground

hatemydebt

Hi, any advice appreciated. Bought house, 6ish months later noticed knotweed growing right at the end of the garden which backs onto a recreation ground, separated by fence with large gaps. Rec is owned by council. It was clearly on our property but cm away from the Rec.
So just paid ££ ourselves for a 5 year plan for a company to come and get rid of it.

Many months later on a neighbour tells me that the Rec had a load of knotweed problems many years ago. Then even more months later a friend was doing some gardening for us when someone from council was in the Rec getting rid of knotweed on their side of the fence (including an area by our garden).


I suspect then that our knotweed has come from the rec. Do I have any chance / rights to get the council to at least contribute to the costs we incurred paying out to get rid of it?

I checked out our house survey and it said that they didn’t find any knotweed but couldn’t say definitively - so essentially a get out clause. To be fair the survey was done in the winter.

Any advice?

Davesnave

hatemydebt wrote: »

Any advice?

Forget it.

On your side, you have suspicion and hearsay.

On their side, they have well-paid lawyers.

hatemydebt

Ha! Yes that’s what’s put me off considering it until now. In my pessimistic mood I even considered that they would claim it was our knotweed going into their field which would make me responsible for sorting theirs! I think that’s right, that you are responsible for if it spreads.

Thank you for replying though

unrecordings

I think Dave is on the money here, but it's your home now so you could try gathering evidence for when you feel you want start that fight - you could start with an FOI to the council on the subject

MoneySavingNovice

I think I would ask them politely what their policy was and if they could assist. I would politely emphasis that the problem emanated from the councils land and it is in the mutual benefit of both you and the council to eradicate the problem.

This approach can do any harm, they might even provide some sort of assistance. As Davesnave has already said, I would forget any thought of taking formal action.

Davesnave

unrecordings wrote: »

you could start with an FOI to the council on the subject

That's a good one! Never thought of that.

However, I fear the answer might read as follows: " Our records show that there was an infestation of knotweed on the recreation ground in 2012 which was treated and eradicated, but unfortunately, the exact details of the location are not available."


Another line of enquiry might be to examine what the previous owner wrtote on the TA6 (enquiries before contract) in answer to the knotweed question printed there. However, unless they wrote categorically: "There is no knotweed on the property" it would be difficult to show they lied. People are usually advised to say something like: "We are not aware...." and there's no law that says one has to be a botanist!

Anyway, the eradication plan is in place and it will do no harm contacting the council in writing to point this out and to ask them to monitor their side. You don't want it to spread back again, and if it did, you'd want your control company to have proof that you applied due diligence.

unrecordings

Davesnave wrote: »

That's a good one! Never thought of that.

I'm told that when a council is lacking in their responsibilities, an FOI can work wonders...

Grenage

If the council aren't overly interested, I would just get some glyphosate and treat it myself.

Kay_Pemberton

Don't be disheartened by the fact that you're "just a homeowner" and they're a massive council. Last year, Network Rail was successfully sued by 2 homeowners for encroachment of Japanese knotweed from their property onto the 2 homeowners. Network Rail were ordered to pay "loss of amenity value" costs to the homeowners. (I think it was £15k each).
You could take advice from a solicitor - good solicitors that specialise in knotweed claims will work on a no win no fee basis. I personally recommend Charles Lyndon Solicitors (Rodger Burnett) or Cobleys Solicitors (Mark Montaldo). They both specialise in knotweed & the law.
Good luck.

Car1980

You'll struggle to prove on which side of the fence it originated.

You could have just treated it yourself with Roundup Provantage instead of paying a rip off knotweed company to spray the exact same stuff.