Knotweed Case Breaks New Ground

Earlier this year, jurors awarded two homeowners $186,000 in damages caused in part by a developer's failure to disclose the presence of an invasive plant on their property.

The homeowners had brought a single-family home in a new development in Pepperell. Unbeknownst to them, before their lot was graded, a contractor had alerted the developer to the presence of a five-foot-tall Japanese knotweed plant in fill on the property. The developer understood that the plant was invasive, but knew little more. He instructed the contractor to mix knotweed-contaminated soil with clean loam, which was then spread over the property.

Japanese knotweed, fallopia japonica, has been referred to as an "indestructible scourge," "the devil's bamboo" and "demon weed." It earned these unflattering epithets through a variety of bad habits. Its roots can split foundations, walls, and floors, ultimately jeopardizing structural stability. It grows rapidly, up to 6.5 feet tall and 65 feet