Japanese knotweed can be incredibly costly and difficult to remove, leading to potential legal battles. As a result of this, many solicitors may encounter clients who have been affected by Japanese knotweed – this can be as part of a property sale, or a legal dispute between neighbours.
If Japanese knotweed is found to have grown to such an extent that it causes damage to a neighbour’s property or garden, the owner of the land that the knotweed originates from may be liable to pay damages under common law – private nuisance. This could include damages for loss of enjoyment, property damage and for the cost of removal.
The TA6 form (Property Information Form) contains a question specifically relating to whether there is Japanese knotweed present on the property during a sale. The new guidance regarding this question, issued in February 2020, has resulted in multiple claims for compensation.
Should your client ask about this question, you may wish to recommend a survey to provide them with peace of mind ahead of purchasing the property.
If you are representing the seller, a Japanese knotweed survey can help expedite the process as well as ensuring they are not liable for any costs or compensation should knotweed be found on the property at a later date.
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.