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Japanese knotweed help

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Can you make a Japanese knotweed claim?

If a neighbour has failed to comply with their legal responsibility to prevent their Japanese knotweed from spreading to your property, then you may be able to make a Japanese knotweed claim. When purchasing a new property, if the seller has informed you that knotweed is not present when in fact it is, then you also may be entitled to make a claim and receive compensation from the seller.

Japanese knotweed in neighbours garden?

It’s not illegal to allow Japanese knotweed to grow on your land, however, there are laws condemning those that allow an invasive plant to cross from your property onto another’s land.

Both the Anti-social Behaviour Crime and Policing Act 2014, as well as the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981 have been amended over the years to include Japanese knotweed which can cut a house value down by as much as 10%.

In the event of a neighbour (whether it be an individual or an organisation) allows knotweed to leave their land and enter yours, they will be liable for the costs incurred of you removing the infestation.

A precedent was laid down for this in 2018. It’s important to note that before a claim can be made for the costs of removal, you will need to formally notify your neighbour of the presence of the knotweed.

Find out more about the legal implication of having Japanese knotweed by reading our Japanese knotweed UK law guide.

Bought a house with Japanese knotweed?

Home Buyer Surveys come in a variety of formats and give prospective buyers the opportunity to learn more about a property that they are considering to buy.

A correctly undertaken survey should highlight areas of the property that may need work completed, including the presence of knotweed.

The resultant survey is a legally binding document that carries serious legal implications if incorrectly completed by the surveyor.

In the case where a surveyor misses Japanese knotweed on the property and you decide to make the purchase, then you may be able to pursue a claim to cover the costs of removing the Japanese knotweed from your land.

TA6 form incorrectly completed by the property owner?

Taking the form of a simple questionnaire, the TA6 property form is an 18-page document that is filled out by the property owner and given to prospective buyers.

The questionnaire includes questions relating to the boundaries of the property, any disputes or complaints relating to the property, as well as the presence of knotweed.

In the case where a property owner lies about Japanese knotweed affecting the property, you should be able to claim against that property owner.

When pursuing this kind of claim it’s important that you have a way to contact the previous owner.

Let’s Work Together

Japanese knotweed group

simon@japaneseknotweedgroup.co.uk

01883 336602  07799 412005

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