If you have Japanese knotweed on your land you may be causing a private nuisance to surrounding properties. Using our guidance you should control the Japanese knotweed to prevent further spreading.
If Japanese knotweed on a neighbouring property is causing a nuisance to you, we would always recommend that you co-operate with the landowner and seek to control the problem amicably, rather than resort to legal action. This is an issue under Common Law and the Environment Agency has no powers in this situation.
The Wildlife and Countryside Act 1981 states that it is an offence to “plant or otherwise cause to grow in the wild” any plant listed in Schedule nine, Part II of the Act. This lists over 30 plants including Japanese knotweed, giant hogweed and parrot’s feather. The police are responsible for investigating this offence and each police force has a wildlife liaison officer who can be contacted.
The Environment Agency are responsible for ensuring that knotweed waste is managed and disposed of in accordance with the knotweed code of practice.
Cornwall Council have produced a guide which explains who is responsible for the legal enforcement of invasive plants. This can be downloaded from their website.