Are You Eligible To Make A Claim?

What Is Your Legal Responsibility?

Have you found Japanese knotweed on your property? Not sure if you are able to make a claim? Who is legally responsible? 

Making a claim will depend on your personal situation and can vary from situation to situation.

  • Have you recently purchased a property that has Japanese knotweed that was not included in the surveyor’s report or on the TA6 form?
  • Has Japanese knotweed invaded your property from a neighbouring property within the last 5 years?
  • Are the owners of the neighbouring property failing to make arrangements for the treatment of the Japanese knotweed on their property?

Do I Need A Site Survey?

Before finalising your claim with a solicitor, we recommend a site survey from an expert on Japanese knotweed. This will provide you with a report that will clearly outline the source, size and damage caused from the Japanese knotweed. These documents can be used in legal disputes, our duty, as the experts, is to provide the court with the correct information required in our field of expertise. As such, our reports contain all the information the court will require when reaching a verdict. We treat each case with the utmost care and comprehensibility to ensure the desired result is achieved.

My Surveyor Didn’t Tell Me!

It is crucial to confirm with your surveyor prior to their visit that they are trained to identify Japanese knotweed. We would also suggest that they check the surrounding properties up to 7m from your boundary. A Japanese knotweed site survey should always include checking for the future threat of Japanese knotweed.

Legal Responsibility

Japanese knotweed is a classified controlled plant in the United Kingdom. Although it is not illegal to have Japanese knotweed on your property, it is against the law to allow the plant to spread. If you are worried that Japanese knotweed may begin to encroach on your property, seek advice as soon as possible. You should first notify the owner of the neighbouring property as they may not be aware. It is also, ultimately, their legal responsibility to treat the Japanese knotweed. If they are not responsive to the severity of the situation you will first need to organise a site visit. This will confirm the source of the Japanese knotweed, then seek legal advice to ensure treatment is carried out as soon as possible.

Japanese knotweed can cause serious damage to your property and the surrounding environment. It is everybody’s responsibility to ensure the containment of the perennial weed.

If you require further information see here, alternatively follow the link to organise a site visit with our surveyor.