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Japanese knotweed can be costly and complex to manage, often leading to legal disputes and property related issues. As a result, solicitors frequently deal with clients affected by Japanese knotweed, whether during a property transaction or as part of a dispute between neighbouring landowners.
Understanding the legal implications of Japanese knotweed is essential, particularly in cases involving property sales, non disclosure, or claims relating to encroachment and damage.
If Japanese knotweed spreads from one property onto neighbouring land and causes damage, the originating landowner may be held liable under common law for private nuisance.
This can apply where Japanese knotweed encroaches onto a neighbouring property, affecting its use, value, or condition. In these cases, a claim may be made for damages, including loss of enjoyment of the land, physical damage to structures, and the cost of Japanese knotweed removal and treatment.
Establishing the source and extent of the infestation is key, which is why a professional Japanese knotweed survey and expert report is often required to support a legal claim.
The TA6 Form (Property Information Form) includes a specific question regarding the presence of Japanese knotweed during a property sale. Updated guidance introduced in February 2020 has led to an increase in Japanese knotweed claims, particularly where the plant was not disclosed accurately.
If acting for a buyer, recommending a professional Japanese knotweed survey can provide clarity before exchange and help avoid future disputes or financial loss.
If acting for a seller, a Japanese knotweed survey offers reassurance and supports accurate disclosure on the TA6 form. It can also help progress the transaction more smoothly while reducing the risk of future claims for misrepresentation, compensation, or legal costs.
All Japanese Knotweed remediation undertaken by Japanese Knotweed Expert include a 10-Year insurance backed guarantee (IBG) in line with industry standards. Click here to find out more.
We are accredited by the Property Care Association (PCA). The PCA has approved our policies, procedures and staff. Therefore, you can trust us to resolve your knotweed problem. Click here to find out more.
Japanese Knotweed Expert Ltd. can help by providing an impartial, factual survey that is accredited by the Property Care Association (a nationally recognised body).
If you require additional paperwork, Part 35 Compliant Expert Witness reports are also available in relation to Japanese knotweed nuisance claims.