Invasive Weeds

Bamboo is a grass from the plant family known as Poacea and has several varieties. It is considered one of the fastest growing wood plants on the planet. It varies in appearance due to having several different types, however its stereotypical appearance is long green canes that reach towering heights.

Unlike trees, and more similar to its Poacea (grass) family, once cut it continues to grow. It rapidly reproduces the visible bamboo poles or “culms” after being trimmed due to its strong and resilient underground system of roots called rhizomes.

Can I make a claim if Bamboo encroaches on my property?

If you have noticed Bamboo on your land, the origin of which is coming from a neighbour’s property, you may be able to recover compensation for any loss in value of your own property that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your property has been damaged by the Bamboo, you may be able to recover the costs of the repair work to the property.

In severe cases, your property may have lost value due to the presence of the Bamboo. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding bamboo invasive weeds claims here.

Buddleia Davidii is a large, fast-growing, deciduous shrub, to 3m tall, with long, arching shoots and lance-shaped, pointed, green or grey-green leaves up to 25cm long.

From summer to autumn it bears dense sprays, of small flowers in multiple shades of purple. It also produces an abundance of long brown fruits that split to release between 50- 100 seeds, averaging up to three million seeds per plant, which are widely distributed by the wind or along waterways.

It is also commonly known by the term ‘Butterfly bush’.

Can I make a claim if Buddleia Davidii encroaches on my property?

If you have noticed Buddleia Davidii on your land, the origin of which is coming from a neighbour’s property, you may be able to recover compensation for any loss in value of your own property that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your property has been damaged by the Buddleia Davidii, you may be able to recover the costs of the repair work to the property.

In severe cases, your property may have lost value due to the presence of the Buddleia Davidii. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Buddleia Davidii invasive weeds claims here.

Common ragwort is a relatively tall-growing plant that has clusters of yellow, flattened flower heads, and leaves. Common ragwort is a biennial, flowering in its second year from June to November.

It usually grows to around 30-90cm high, but in some instances, it may exceed 100cm. The stems are tough and often tinged red near the base, but brighter green and branched above the middle.

All the leaves are dark green and rather tough and may be sparsely hairy on the lower side. The seeds are borne singly and have a downy appendage making them readily dispersible.

Can I make a claim?

Under the Weeds Act 1959 the Secretary of State for the Environment, Food and Rural Affairs can, if satisfied that injurious weeds are growing upon any land, serve a notice requiring the occupier to take action to prevent the spread of those weeds. An unreasonable failure to comply with a notice is an offence.

Natural England has the right to investigate complaints where there is a risk that injurious weeds might spread to neighbouring land. Natural England gives priority to investigating complaints where there is a risk of weeds spreading to land used for grazing horses or livestock, land used for forage production and other agricultural activities.

The Ragwort Control Act 2003 gives evidential status in any proceedings taken under the Weeds Act 1959. This means that non-compliance may be used as evidence in any legal action. Equally, owners/occupiers should be able to establish a defence if they can demonstrate that they have adopted control measures.

Ragwort can be found growing by the side of railway lines and, due to the size of the railway network, can pose a risk of contaminating grazing land and land used for feed/forage production within the locality. Similarly, the number of neighbours surrounding the lines means that ragwort will undoubtedly spread on to railway property. The control of vegetation on railway land, including the control of ragwort, is the responsibility of Network Rail. Failure to control this could amount to a claim against National Rail should this affect livestock and or properties on the line.

For more information, see our full resource regarding Common Ragwort invasive weeds claims here.

Giant hogweed is a perennial growing up from a single tap root to a height of 5m and with leaves of up to 1m. It is a tall, cow parsley-like plant with thick bristly stems that are often purple-blotched.

The flowers are white and held in umbels. The flower heads can be as large as 60cm (2ft) across. It can reach a height of 3.5m (11.5ft) or more and has a spread of about 1-2m (3.5-7ft).

The plant can take several years to mature where it then flowers producing some 20,000 seeds on average. Giant hogweed plants can live for several years but die after bearing seeds once.

Can I make a claim if Giant Hogweed encroaches my property?

If you have noticed Giant Hogweed on your land, and yourself or another member of your household sustains an injury, the origin of which is coming from a neighbour’s property, you may be able to recover compensation for this injury. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

For more information, see our full resource regarding Giant Hogweed invasive weeds claims here.

Giant knotweed is similar to Japanese knotweed but, as the name suggests, much larger in size. Giant knotweed can grow to more than 4 metres in height and its leaves can span around 20-40cm, and roots which can extend to depths of 2m.

In the Spring, reddish shoots emerge and begin to grow rapidly, reaching heights of around 4m by the Summer, when flowers, of white with a green tinge, will appear in amongst the dense foliage. In the autumn, the foliage begins to wilt as the leaves turn yellow. By Winter the plant above the ground will be reduced to pale hollow stalks that can take 12 months or more to decompose.

A Japanese knotweed and Giant knotweed hybrid called Fallopia x bohemica can also be found in the UK. This grows somewhere between the 2.5 – 4 metres. The leaves are larger than Japanese Knotweed but smaller than Giant Knotweed, and it has flowers of white and cream with a green tinge. The leaves can also vary in shape from square ended to heart shaped and both variations can appear on the same plant.

Can I make a claim if Giant Knotweed and Hybrid Knotweeds encroach my property?

If you have purchased a property that has an infestation of Giant Knotweed and Hybrid Knotweeds that wasn’t picked up on your professional surveys when you acquired the property, you may be able to make a claim for professional negligence against the surveyor.

If you have noticed Giant Knotweed and Hybrid Knotweeds on your land, the origin of which is coming from a neighbour’s property, you may be able to recover compensation for any loss in value of your own property that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your property has been damaged by the Giant Knotweed and Hybrid Knotweeds, you may be able to recover the costs of the repair work to the property.

In severe cases, your property may have lost value due to the presence of the Giant Knotweed and Hybrid Knotweeds. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Giant Knotweed and Hybrid Knotweeds invasive weeds claims here.

Himalayan balsam is a tall growing annual, 2-3m (6-10ft) in height. Between June and October, it produces clusters of purplish pink (or rarely white) helmet-shaped flowers.

The flowers are followed by seed pods that open explosively when ripe. A single plant can set about 800 seeds, 12 to 14 weeks after flowering. The mature seed capsules react to the slightest disturbance, causing the five segments to split along their length, then curl up and twist explosively, projecting the contents up to 7m away.

The seeds remain viable in the soil’s seedbank for about 2 years. They are buoyant and can travel long distances along waterways.

Can I make a claim if Himalayan Balsam encroaches my property?

If you have noticed Himalayan Balsam on your land, the origin of which is coming from a neighbour’s land, you may be able to recover compensation for any loss in value of your own land that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your land and agriculture has been damaged by the Himalayan Balsam, you may be able to recover the costs of the repair work to the land. If your agricultural land is affected by harmful weeds from a neighbouring plot – Natural England may be able to help if your land is used for:

• keeping or grazing horses and other livestock
• farmland used to produce conserved forage (e.g., silage and hay)
• agriculture

In severe cases, your land or industry may have lost value due to the presence of the Himalayan Balsam. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Himalayan Balsam invasive weeds claims here.

Rhododendron Ponticum is a densely branched evergreen shrub with tough, leathery, dark green, oval leaves. Produces terminal trusses of 10 to 15 purple, funnel-shaped flowers in spring. Often used as a rootstock, surviving when the grafted variety has died.

Can I make a claim if Rhododendron Ponticum encroaches my property?

If you have noticed Rhododendron Ponticum on your land, the origin of which is coming from a neighbour’s land, you may be able to recover compensation for any loss in value of your own land that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your land and agriculture has been damaged by the Rhododendron Ponticum, you may be able to recover the costs of the repair work to the land. If your agricultural land is affected by harmful weeds from a neighbouring plot – Natural England may be able to help if your land is used for:

• Keeping or grazing horses and other livestock
• Farmland used to produce conserved forage (e.g., silage and hay)
• Agriculture

In severe cases, your land or industry may have lost value due to the presence of Rhododendron Ponticum. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Rhododendron Ponticum invasive weeds claims here.

Three-Cornered Garlic is a bulbous flowering plant in the genus Allium. It produces stems 17–60 cm tall, which are concavely triangular in cross-section. Each stem produces an umbel of flowers in its peak months, January – May. The tepals are 10–18 mm long and white, but with a strong green line.

Each plant has two or three narrow, linear leaves, each up to 15 cm long. The leaves have a distinct onion smell when crushed.

Can I make a claim if Three-Cornered Garlic encroaches my property?

If you have noticed Three-Cornered Garlic on your land, the origin of which is coming from a neighbour’s land, you may be able to recover compensation for any loss in value of your own land that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your land and agriculture has been damaged by the Three-Cornered Garlic, you may be able to recover the costs of the repair work to the land. If your agricultural land is affected by harmful weeds from a neighbouring plot – Natural England may be able to help if your land is used for:

• keeping or grazing horses and other livestock
• farmland used to produce conserved forage (e.g., silage and hay)
• agriculture

In severe cases, your land or industry may have lost value due to the presence of Three-Cornered Garlic. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Three-Cornered Garlic invasive weeds claims here.

Ivy is an evergreen, woody climber which can grow to a height of 30m. It has two different forms – juvenile and mature. It has climbing stems with specialised hairs which help it stick to surfaces as it climbs. Mature forms, however, can be self-supporting.

Appearance wise, Ivy has dark green leaves with pale veins. Leaves of juvenile forms have 3-5 lobes and a pale underside. On mature forms, leaves are oval, or heart shaped without lobes.

It’s an evergreen plant so leaves can be seen throughout the year and are not season dependent. It flowers in September to November and its fruits ripen in November to January.

Can I make a claim if Ivy encroaches my property?

If you have noticed Ivy on your land, the origin of which is coming from a neighbour’s property, you may be able to recover compensation for any loss in value of your own property that is sustained. You may also be able to obtain a Court Order which specifies that your neighbour must put an appropriate treatment order in place.

Depending on the extent of the problem, the costs of this could run into thousands of pounds. The steps to remedy the issue may need to take place on your property or on neighbouring land.

If your property has been damaged by the Ivy, you may be able to recover the costs of the repair work to the property.

In severe cases, your property may have lost value due to the presence of the Ivy. This is called diminution. Subject to appropriate evidence being obtained from a specialist, you may be entitled to recover the cost of this diminution.

For more information, see our full resource regarding Ivy invasive weeds claims here.

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