Ha Ha. I'm not doing a good job then- I am a solicitor! Unfortunately the law in Scotland is not very clear for private land. There would be more robust movement if there is protected or public land but it's not so easy where there is private land. The problem is that it is not illegal to have the stuff on your land only to plant it and therein lies the problem. A solicitor's letter tends to work with private individuals but with corporations they just pass it to their own legal department and their solicitors know it is a bluff because they know (I would hope!) the law. Catch 22. But thanks anyway.
OK so you should know what to do then. I am not a solicitor, though my degree is law. I specialised in Corporate and Employment law though and went to work in a corporate world. I've also worked as an occasional senior associate lecturer at Edinburgh University and Durham (albeit on Employment Law and MBA courses). I also mentor law students. I know the legal world and the corporate world.
You should know that the law often isn't definitive and precise and also that the way you manage that is you use a variety of tactics to get attention of the person whose behaviour you're trying to change. NOT just definitive case law but an approach which makes them think "oh dear there's some common sense stuff here and this one isn't going to go away without a fight". Start by accessing the right person in the right way and make it so they can't ignore you.
Contact them again only go higher up the food chain to a senior named person. Also take a look at this... it gives good suggestions and contact details for the likes of Natural England.
I'd say that legislation shouldn't be the emphasis and indeed I well know that often when you turn to law there's no "winner" and because of the cost etc.
But make sure your next letter makes mention of the fact you know the legislation and that if you allow Japanese knotweed to grow onto other people’s property you could be prosecuted for causing a private nuisance and that you're looking to give them the opportunity to address matters and put things right before you mobilise other actions. Give them a date to respond and tell them what you'll do next.
Thanks everyone. There is some very helpful stuff here. I will pursue this with renewed vigour as there are some avenues I haven't fully explored. I have been guilty of letting this sleep slightly as other things have taken precedence but if I need any further motivation I just have to look out of my window at the carpet of green 5ft high stalks marching relentlessly towards my garden.
I`m not sure if this has been said so I`m sorry if it`s repeated
but the knotweed has to be treated by a specialist/company that deal with JKW on a daily basis & it simply cant be cut down or cut back as that in fact promotes stronger growth.
It has to be either sprayed with a herbicide not a weak one but an industrial strength one & left to die which can take a long time or cut down to the ground roots dug up fully & sprayed there to stop further growing in future.
Some people do all they can to not admit responsibility sadly
but don't give up as eventually the land owners will have to at some point admit they are at fault & deal with it instead of dragging their heels
it`s simply delay tactics if they ignore the issue long enough they hope it or you will go away but you keep at it & them
Tell me about it! Worst round here for ragwort is highways departments.
All the farmers are spending time, money and effort eradicating every single piece of it from their acreage and the public sector and such as highways departments can't be bothered on land they're responsible for. Yet it is one of the five weeds covered by the Weeds Act 1959 and the very same public sector waste tax payers money publishing the likes of "codes of practice" and ministerial time debating how to get rid of it.
That's my rant for today and now I'm in the mood to do some strimming
My partner runs an equestrian centre and trains horses. We don't have any at all on our land and neither do any of the farmers around us. Indeed we all even cut the verges ourselves and I've been known to stop the car or get off my horse just to pull a bit up. But it's really irritating that further away, it's all along the main A road verge.
I have Japanese Knotweed in my back garden , Its on the boundry with a Council property. They have written to me to cut it down or they will send someone in to do it at my cost.. I was wondering , Can I cut it down when it is in full flower like it is at the moment, or is there a better time to do it ? Thanks
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This is interesting https://www.warners-solicitors.co.uk/article/195/japanese-knotweed---legal-implications.html
It looks as if a solicitor's letter might galvanise them into action.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
Ha Ha. I'm not doing a good job then- I am a solicitor! Unfortunately the law in Scotland is not very clear for private land. There would be more robust movement if there is protected or public land but it's not so easy where there is private land. The problem is that it is not illegal to have the stuff on your land only to plant it and therein lies the problem. A solicitor's letter tends to work with private individuals but with corporations they just pass it to their own legal department and their solicitors know it is a bluff because they know (I would hope!) the law. Catch 22. But thanks anyway.
OK so you should know what to do then. I am not a solicitor, though my degree is law. I specialised in Corporate and Employment law though and went to work in a corporate world. I've also worked as an occasional senior associate lecturer at Edinburgh University and Durham (albeit on Employment Law and MBA courses). I also mentor law students. I know the legal world and the corporate world.
You should know that the law often isn't definitive and precise and also that the way you manage that is you use a variety of tactics to get attention of the person whose behaviour you're trying to change. NOT just definitive case law but an approach which makes them think "oh dear there's some common sense stuff here and this one isn't going to go away without a fight". Start by accessing the right person in the right way and make it so they can't ignore you.
Contact them again only go higher up the food chain to a senior named person. Also take a look at this... it gives good suggestions and contact details for the likes of Natural England.
https://www.gov.uk/prevent-the-spread-of-harmful-invasive-and-non-native-plants
I'd say that legislation shouldn't be the emphasis and indeed I well know that often when you turn to law there's no "winner" and because of the cost etc.
But make sure your next letter makes mention of the fact you know the legislation and that if you allow Japanese knotweed to grow onto other people’s property you could be prosecuted for causing a private nuisance and that you're looking to give them the opportunity to address matters and put things right before you mobilise other actions. Give them a date to respond and tell them what you'll do next.
Thanks everyone. There is some very helpful stuff here. I will pursue this with renewed vigour as there are some avenues I haven't fully explored. I have been guilty of letting this sleep slightly as other things have taken precedence but if I need any further motivation I just have to look out of my window at the carpet of green 5ft high stalks marching relentlessly towards my garden.
I`m not sure if this has been said so I`m sorry if it`s repeated
but the knotweed has to be treated by a specialist/company that deal with JKW on a daily basis & it simply cant be cut down or cut back as that in fact promotes stronger growth.
It has to be either sprayed with a herbicide not a weak one but an industrial strength one & left to die which can take a long time or cut down to the ground roots dug up fully & sprayed there to stop further growing in future.
Some people do all they can to not admit responsibility sadly
but don't give up as eventually the land owners will have to at some point admit they are at fault & deal with it instead of dragging their heels
it`s simply delay tactics if they ignore the issue long enough they hope it or you will go away but you keep at it & them
Tell me about it! Worst round here for ragwort is highways departments.
All the farmers are spending time, money and effort eradicating every single piece of it from their acreage and the public sector and such as highways departments can't be bothered on land they're responsible for. Yet it is one of the five weeds covered by the Weeds Act 1959 and the very same public sector waste tax payers money publishing the likes of "codes of practice" and ministerial time debating how to get rid of it.
That's my rant for today and now I'm in the mood to do some strimming
Ha ha It's good to let off some steam every so often -but it can be very frustrating. Jo47 you have given me some very good leads.
My partner runs an equestrian centre and trains horses. We don't have any at all on our land and neither do any of the farmers around us. Indeed we all even cut the verges ourselves and I've been known to stop the car or get off my horse just to pull a bit up. But it's really irritating that further away, it's all along the main A road verge.
Hi All,
I have Japanese Knotweed in my back garden , Its on the boundry with a Council property. They have written to me to cut it down or they will send someone in to do it at my cost.. I was wondering , Can I cut it down when it is in full flower like it is at the moment, or is there a better time to do it ? Thanks