Invasive weed litigation
Everything you need to know about this ornamental grass
and potential issues it may cause yours or a neighbours’ property.
What is buddleia davidii?
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’.
- Where does it come from?
It is native to China and Japan and was introduced to the UK at the end of the 19th century as an ornamental garden plant.
What problems can buddleia davidii cause?
On average, buddleia grows to around 2.5m to 3m tall and has a width of between 1.5m to 3m. If left uncontrolled, it can dominate a site, and outcompete other species.
Buddleia is responsible for huge amounts of structural damage and in 2010, £961,000 of the UK economy was estimated to be spent on reparations from buddleia damage. Seeds can grow in the smallest of cracks, without access to soil, and in dry to damp conditions.
It is particularly damaging to the railway network, as it hinders maintenance and damages infrastructure. It weakens bridges, interferes with overhead powerlines and obscures signals.
- What is the extent of damage?
Once buddleia begins to grow, its root systems can weaken any materials. It can be damaging to neighbouring land and can even penetrate through solid barriers, such as patios and conservatory floors.
It is difficult to contain and is known to push through brickwork, masonry, drains, cavity walls, and exploit cracks or weaknesses. This means buddleia has the potential to cause costly repair bills or even render a property unsafe or uninhabitable.
Can I make a claim if buddleia davidii encroaches upon 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.
Frequently Asked Questions
Is it illegal to allow buddleia davidii to grow in the UK?
Unlike Japanese knotweed it’s not officially classed as an invasive species and there are currently no restrictions on planting it. However, like Japanese knotweed, it is illegal to allow this weed to grow onto neighbouring properties, especially if it causes damage to neighbouring 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 land from a neighbouring property.
Aside from trying to ensure that you stop buddleia davidii from damaging your own property and losing you money in professional treatment plans, you have a duty to ensure that neighbouring properties are not affected by buddleia davidii originating from your own land.
If you fail to do so and the buddleia davidii has a detrimental effect or becomes a nuisance to those in your locality, you could be prosecuted and face large fines.
How is it treated?
The plant is immune to most herbicides and attempts to remove it this way are likely to fail. This leaves two approaches for removal:
- Firstly, you are able to treat it yourself using the energy depletion method. This involves cutting the canes to ground level before new leaves appear and repeating the process several times to deplete the energy reserves in the root system, however this can take several years.
- Secondly, it can be professionally excavated through either chemical or mechanical measures.
Further information
Check out this guide from the Property Care Association.
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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.