Rural And Equestrian Property; Worrisome Weeds And Noxious Nuts

• Law Firm: Herrington Carmichael
• Subject Matter: Environment, Real Estate and Construction, Energy and Natural Resources, Environmental Law, Chemicals, Real Estate
• Author: Ms Lauren Saunders
• Published date: 08 March 2023

Intrusive weeds and poisonous nuts are always a worry when purchasing or selling property, especially rural and equestrian property. Whilst intrusive weeds such as Japanese Knotweed can affect the structure and foundations of your property, a poisonous nut such as acorns can affect the health of pets and livestock.

Japanese Knotweed

Japanese Knotweed is a fast-growing and strong clump-forming invasive perennial weed. It is a non-native weed and can grow rapidly. The Environment Agency deems Japanese Knotweed as the most common of 4 invasive knotweed plant species in the UK.

Japanese Knotweed can push its way through expansion joints in concrete, cavity walls, weaknesses in the broken mortar between paving slabs or bricks and can also damage drains and sewers.

Since 2013, when selling a property, the seller is required to state whether Japanese Knotweed is present on their property through a TA6 form (Property Information Form). Failure to do so or provide an incorrect response may lead to a claim for 'misrepresentation'.

Whilst it is not illegal to have Japanese Knotweed on your property or land, it is imperative that you control the spread of Japanese Knotweed and do not let this encroach onto neighbouring property.

Controlling Japanese Knotweed can cost thousands of pounds. It is not possible just to 'kill' Japanese Knotweed. It usually takes at least 3 years to treat Japanese Knotweed. Knotweed rhizome can remain dormant in the soil for many years and may regrow if disturbed or if the soil is relocated. Methods of controlling Japanese Knotweed include being injected with chemicals, burning or burying it. However, there are strict rules set by the Environment Agency in this respect.

Ragwort

Ragwort is a tall plant that grows to 90cm high and bears large, flat-topped clusters of yellow daisy-like flowers from July to October. It can spread very easily by the wind transporting its seeds and it is toxic to both horses and livestock.

The toxins can cause liver poisoning in horses and livestock. It is a cumulative poison that eventually leads to the...