What is Japanese knotweed and why is it an issue?
Japanese knotweed is a highly invasive and fast-growing plant that can cause severe damage to property. As such, the discovery of Japanese knotweed can lead to a property being devalued by as much as 5% and can sometimes result in a mortgage lender or bank refusing to lend.
What is the current law on Japanese knotweed?
Under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981), Japanese knotweed is classed as a controlled plant. It is not illegal under the Act to have it on your private property, however you can be prosecuted or fined up to £2,500 for failing to control it.
Furthermore, since the introduction of the Anti-social Behaviour Crime and Policing Act 2014, you could be served with a community protection notice by either the police or local authority council for causing a nuisance if you allow Japanese knotweed growing on your property to spread onto to anyone else’s.
Disposing of Japanese knotweed is an extensive and expensive process and criminal penalties apply to anyone who fails to dispose of it in accordance with the Duty of Care Regulations 1991 (Amended 2003) or allows or causes it to grow or spread in the wild.
I’VE BOUGHT A PROPERTY WITH JAPANESE KNOTWEED – WHAT CAN I DO?
Depending on the circumstances of the sale and purchase of your property, you may be able to claim compensation.
When can I claim compensation for Japanese knotweed infestation?
If the seller didn’t tell you about the Japanese knotweed
If the seller of the property has made no attempt to inform you about the existence and/or extent of the Japanese knotweed infestation on the property, you should be able to claim compensation.
If the seller lied about the existence of Japanese knotweed on the TA6 Property form
If the seller lied about the existence of Japanese knotweed affecting the property on the TA6 Property form then you may be able to claim for compensation on the basis that the property has been misrepresented to you.
If the surveyor missed the Japanese knotweed
If you have chosen to have property survey undertaken in preparation for your property purchase, the surveyor is responsible for spotting and investigating any potential Japanese knotweed infestations.
If you discover Japanese knotweed on your newly purchased property after a property surveyor has said otherwise, then you may be able to make a claim against the individual or company who undertook the investigations.
What type of compensation can I claim?
Compensation could include:
- Recovering the cost of removing and treating the Japanese knotweed infestation in full;
- Recovering the costs to repair any physical damage that has been caused to the property; and/or
- Recovering any potential loss in market value of your property.
Can I claim for compensation against the previous owner?
If the previous owner of your property has lied to you about the existence of Japanese knotweed on the property, or has misrepresented the property to you by stating that the plant is not on the land, then you may be able to claim compensation for the costs of removing and/or treating the Japanese knotweed infestation in full.
What if the Japanese knotweed on my neighbour’s property has spread onto my property or vis versa?
If this has happened, you or your neighbour (depending on whose property the Japanese knotweed has spread to or from) may have a claim against the other for private nuisance. As such, you or neighbour may be able to claim compensation for:
- Loss of enjoyment or amenity (which may amount to diminution in value of the property);
- Property damage;
- The costs of removing the knotweed; and
- A continuing injunction against reinfestation and/or requiring action to control the knotweed.
Alternatively, the local authority or the police may serve on you or your neighbour a community protection notice if satisfied on reasonable grounds that your neighbour’s conduct is both:
- Having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality and;
- Unreasonable.
How can we help?
Our team pride themselves in offering a personal and professional bespoke service. If you are concerned about Japanese knotweed and your property, please contact our team today by calling us on 029 2047 0909 or by emailing us at [email protected] or by making an enquiry online.