How to Claim Compensation for Japanese Knotweed
Japanese Knotweed Compensation Claims for property and land damage
Has your property been damaged due to exposure to Japanese Knotweed at no fault of your own? If so, you may be entitled to make a claim for compensation if your property has been or likley to be affected by Japanese Knott Weed.
At R.James Hutcheon Solicitors, we will be able to help you receive maximum compensation for the loss you have endured, on a No Win, No Fee, No Worry basis.
What is Japanese Knotweed?
Japanese knotweed, scientifically known as Fallopia japonica, is an aggressive plant species originating from East Asia. It has rapidly spread throughout the world, especially in England and Wales, causing significant damage to properties in its wake. This robust plant features bamboo-like stems, heart-shaped leaves, and clusters of small white flowers, making it easily recognisable to those affected, see below.
How can Japanese Knotweed damage my property?
An article from The Independent[1] notes that Japanese Knotweed has ‘knocked £20 Billion’ off the UK property market. This number is only expected to increase.
Japanese knotweed poses a severe threat to properties due to its destructive nature. Its vigorous growth and extensive root system can infiltrate structures, foundations, walls, drains, and pavements, leading to costly damage. The pressure exerted by knotweed roots can exploit existing weaknesses, causing cracks, and undermining the structural integrity of buildings, such as:
- Damage to foundations and walls.
- Burst pipes and drains.
- Infest gardens and driveways.
- Block drains and sewers.
- Damage roads and railways.
- Spread to neighbouring properties.
If you notice / suspect Japanese Knotweed to be present in your property, you must seek expert advice to eradicate it. It is not illegal to grow Japanese Knotweed on your land. However, there are laws against allowing the invasive plant to cross onto another’s property:
- Wildlife and Countryside Act 1981
- Anti-social Behaviour Crime and Policing Act 2014
- Environmental Protection Act 1990
All the above laws have been amended in recent times to include Japanese Knotweed.
If you allow Japanese Knotweed to grow on your land, and it spreads to your neighbours, you are liable for damages.
What if the Property Seller lied about Japense Knotweed?
Due to the damage that Japanese Knotweed can cause becoming more documented, as well as the introduction of TA6 form ‘Japanese Knotweed question’, buyers are becoming increasingly vigilant when purchasing a property. This has led to many sellers purposefully being deceitful on the TA6 form, lying about the presence of Japanese Knotweed to push the sale.
What if the Property Seller lied on the TA6 Form?
Or perhaps ‘economical with the truth.’ Japanese Knotweed is covered on question 7.8 on the 18-page TA6 form. The question reads: Is the property affected by Japanese Knotweed? To which, there are 3 answers, ‘Yes’, ‘No’, and ‘Not Known’. ‘No’ should only be selected when the seller is certain that that no root is in the ground of the property, or present within 3 metres of the property boundary. If you have purchased a property and the seller has ticked ‘No’ on the TA6 form, when Japanese Knotweed is present, the seller is liable for damages, see below.
What if the Property Seller knew about Knotweed after filling in TA6 form?
The seller of a property must ensure that all information provided to the buyer is accurate and up to date up to the day of the exchange. Failure to do so leaves the seller liable for damages, see also: Dailymail on Japanese Knotweed
Who is liable for knotweed?
The seller will only be culpable for compensation if a contract has been signed between the two parties i.e. after the sale is finalised.
If the seller has lied or misled the buyer about Japanese Knotweed being present, but the buyer has paid for surveyor reports, then discover Japanese Knotweed before you purchase the property, it is unlikely you will be able to claim compensation, as no contract has been signed.
However, if the seller has lied about Japanese Knotweed being present, you purchase the property, then notice the invasive plant, you may be able to claim compensation with R.James Hutcheon Solicitors, as a form contract has been signed. You may even be able to claim if the seller has failed to mention the presence of Japanese Knotweed and you discover the plant after purchase.
How much can I claim for Japense knotweed?
The amount is dependent on the property value and the extent of damage that the Japanese Knotweed has caused. However, it is estimated that a property’s valuation can be reduced by between 5-15%. There are rare cases that have seen properties deemed ‘impossible to sell’ and completely ruined by the presence of Japanese Knotweed[1].
Recent Case Law:
In January 2023, a seller who misrepresented the sale of his £700K London home has been left with a £200K bill due to ticking ‘No’ on the required TA6 form, underneath the ‘Is the property affected by Japanese Knotweed’ questions.
[1] https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-15461880
Further Reading:
How to stop the spread of Japanese Knotweed – Government Guide
Japanese Knotweed – Guide to the destructive plant
