Japanese Knotweed is a fast-growing, clump-forming, invasive perennial weed that can cause damage to structures and properties.
Why is knotweed a problem?
With the onset of warmer months, Japanese Knotweed experiences a significant growth spurt, underscoring the importance for sellers to grasp the legal, financial, and practical implications of this invasive plant.
Japanese Knotweed presents several key concerns, including:
- Cost: The treatment and management of Japanese Knotweed impose substantial financial burdens on the UK economy annually. Treatment plans often recommend the complete excavation and reinstatement of affected areas, with costs exceeding £10,000 for individuals seeking treatment and remediation.
- Rapid Growth Pattern: The rhizomes (underground stems) of Japanese Knotweed can extend up to two metres deep and seven metres horizontally. This extensive root system enables the rapid spread of knotweed and contributes to its resilience against treatment. Knotweed can re-emerge and resume growth at any time, particularly if the soil is disturbed. Its inconspicuous appearance makes it difficult to detect, leading many homeowners to unknowingly disturb the plant during routine gardening activities, causing subsequent re-growth. Notably, Japanese knotweed can grow up to twenty centimetres per day under optimal conditions.
Legal Considerations When Buying or Selling Property Affected by Japanese Knotweed
When selling a property, sellers are required to complete a Property Information Form, which includes a question about whether the property is affected by Japanese Knotweed.
Recently, there has been an increase in claims brought by property purchasers against sellers who answered ‘no’ to the presence of knotweed on the form, only for knotweed to be discovered after the purchase.
While not mandatory, the Law Society has issued helpful guidance notes to assist sellers in completing the Property Information Form.
According to these notes, sellers should only answer ‘no’ if they are absolutely certain that no Japanese Knotweed rhizome is present within the property’s ground or within three metres of the property boundary, which typically requires a comprehensive specialist survey.
Even with such a survey, it remains challenging for sellers to confidently ascertain the absence of rhizomes underground. Knotweed is not always visible above ground, and by inaccurately ticking ‘no’ on the Property Information Form, sellers expose themselves to potential claims from purchasers for costs related to knotweed removal, a potential reduction in property value, and legal expenses.
In a significant legal ruling last year (Davies v. Bridgend County Borough Council), the Court of Appeal confirmed that the reduction in property value due to Japanese Knotweed encroachment from neighbouring land constitutes a recoverable loss, sometimes amounting to a substantial sum.
It is not a defence to such claims that the seller was unaware of knotweed’s presence. Therefore, it is advisable for sellers to state that the presence of knotweed is “not known,” shifting the responsibility to purchasers to conduct thorough inquiries and investigations before finalising the property purchase.
It is crucial now more than ever for sellers to understand the legal ramifications of their responses on the Property Information Form, particularly regarding Japanese Knotweed.
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