Japanese knotweed is an invasive, resilient and rapidly-spreading weed. It can grow up to 20cm every day, pushing its way through concrete and tarmac. Left unchecked, it can wreak havoc to drains, paths, driveways, paving and even boundary walls. That’s why homeowners must take steps to have the weed removed when identified before it causes damage to their own property, as well as the surrounding area. Find out more about your legal rights in a Japanese knotweed invasion.
All landowners are legally responsible for controlling and removing Japanese knotweed from their property in order to prevent its spread, regardless of whether this is a domestic homeowner or a commercial entity. In this blog post, we’ll examine what homeowners can do if the weed has affected them financially through no fault of their own.
Failure to stop the weed from spreading into and damaging adjacent properties means that the landowner will be legally liable for two things: the cost of eradicating the weed and compensation for the loss of value to your property. Your property may be devalued due to knotweed and, as removing it can be a lengthy process – sometimes taking up to five years, compensating for the loss of property value can be essential part of a legal claim. This is more so the case if you need to move home before the knotweed is removed and subsequently have to accept a lower offer on the property than it would have been otherwise.
If you notice knotweed growing near or on your property, or if you have already experienced damage caused by it, the first step is to approach the landowner to make them aware of the issue and understand their eradication plans.
Should the owner of the land either fail to act responsibly or cooperatively in order to remove the invasive plant, as is their legal obligation, then seeking advice from a specialist knotweed solicitor should be your next step.
Though it can be tempting, you should resist the urge to try and remove the weed yourself. Recognised as controlled waste, there is existing legislation to determine how Japanese knotweed should be disposed of. You cannot, for example, put it in your garden recycling bin or take it to the tip.
If you have recently bought a home and discovered Japanese knotweed on your property, you may also have a legal case. During a property sale, your surveyor should flag any evidence of knotweed. Failure to do so could give you the opportunity to make a claim against the surveyor.
Similarly, you may also be able to make a claim against the property seller if you believe that they knew about the existence of knotweed on their property but failed to disclose it. If you are selling your home which has Japanese knotweed, you must disclose that it is on the property.
If you are selling your home with Japanese knotweed, you must disclose that it’s on the property. In February 2020, there was a change to the law on the TA6 conveyancing form, which you must be fill when selling your home, that explicitly asks if Japanese knotweed is present on the grounds. Previously, the answer options were ‘yes’ or ‘no’. The change in law now gives the option of ‘not known’.
Sellers are advised to use ‘not known’ unless they are certain that there are no roots on the grounds of their property or within three metres of their property boundary. If they select ‘no’ and knotweed is later discovered, then they could be held liable.
The change in law also puts the onus on the buyer to have a separate, specialist Japanese knotweed survey carried out to determine whether the root is present or not.
Compensation from a successful Japanese knotweed claim can help towards repairing the damage caused by the plant to your property. It can also compensate for the loss of property value, and cover any costs of removal that you may have incurred.
Should you encounter knotweed on your property, try not to panic. There is support available from surveyors, legal teams and Japanese knotweed removal specialists who can help you start the process of eradicating the weed with minimal stress.
Written Stuart Snape, Managing Partner, Graham Coffey & Co. Solicitors