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    Himalayan Balsam

    Invasive weed litigation

    Everything you need to know about this annual plant
    and potential issues it may cause yours or a neighbours’ property.

    What is Himalayan balsam?

    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.

    • Where does it come from?

    Himalayan balsam is a large annual plant native to the Himalayas. Through human introduction it is now present across much of the Northern Hemisphere.

    Invasive Himalayan Balsam

    What problems can Himalayan balsam cause?

    Himalayan balsam plants can produce around 2500 seeds each year. The seed pods open and the seeds are thrown several metres away, helping the species to rapidly spread.

    It grows quickly, spreads easily, infests new areas and out-competes other vegetation. It forms very dense colonies that can outcompete other plants. When the plants die back, they leave large areas of bare ground that can be sensitive to erosion.

    Plants forms dense and persistent stands that dominate the area. This density kills other plants within the area as they reduce its access to sunlight and vital nutrients and can also seriously impede the regeneration of the over-story vegetation.

    Invasive Himalayan Balsam

    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/or agriculture has been damaged by 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 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.

    Invasive Himalayan Balsam

    Frequently Asked Questions

    Is it illegal to allow Himalayan balsam to grow in the UK?

    Like most other invasive weeds including Japanese knotweed, it is illegal to allow this weed to grow onto neighbouring land, agricultural or farming properties. If this encroaches on your neighbour’s land then they may be entitled to make a claim against you. Equally, you can make a legal claim if it has spread to your property, agricultural or farming land from a neighbouring property.

    Under the Wildlife and Countryside Act in England and Wales it is an ‘offence to plant or otherwise cause Himalayan Balsam to grow in the wild’. This includes spreading the species or transferring polluted ground material from one area to another.

    How is it treated?

    Himalayan balsam needs dealing with before it sets seed. If control is undertaken early enough to prevent flowering (and if this is achieved before seed has set) then eradication is possible in two or three years.

    Alternatively, seek professional assistance:

    • Spraying – chemical application is the most effective treatment available, although it can take several years to eradicate this species if the plants are well established. The seeds can remain in the soil for several years, therefore, a long-term strategy involving herbicide treatment is recommended.
    • Excavation – A quicker method of removing involves the clearing of surface growth and the removal of ground material polluted with roots and seeds.

    Extremely helpful

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    Daniel Masterton-Doig

    Daniel Masterton-Doig - Paralegal

    Daniel Masterton-Doig is a Paralegal working in Litigation and Dispute Resolution. Prior to joining the firm in 2017 Daniel graduated from University with a first class degree in Law. Daniel was also a finalist in the prestigious national Future Legal Mind competition in 2016 and was published in 2018 in the academic journal The Irish Legal Times.
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