Question 7.8- “Is the property affected by Japanese knotweed?”
To most, this may seem like a straightforward question. However, if you answer it incorrectly it can cost you tens of thousands of pounds. Furthermore, in relation to a response, there are three possible options:
1. No- To select this option you must be ‘certain’ that there is no Japanese Knotweed or rhizomes present within 3 metres of the property boundary. However, if you tick the option for ‘No’ and then Japanese Knotweed is found to be present at the property, this makes you liable for any costs and you may be sued. The average cost for previous owners that have misrepresented the facts, even if unknowingly, has been £32,000.
2. Yes- When choosing this option, you are confirming Japanese Knotweed as present on or around the property. To continue with the sale, the owner must state whether there is a knotweed Management Plan (KMP) in place and if so, supply a copy to their solicitor.
3. Not Known– By selecting ‘Not Known’, you are passing the liability of any Japanese knotweed found in the future onto the purchaser. This can initially seem like the wise course of action. However, this will usually delay the sale as the response is then questioned by purchaser’s solicitor. Therefore, this will inevitably result in a request for a site survey for Japanese knotweed.