Japanese knotweed is an invasive plant that can affect property in a variety of ways. It is renowned for spreading vigorously, growing between 7-10cm per day and can thrive in almost any condition. It is a dreaded problem for property buyers and sellers because it can grow into the foundations of buildings, cause substantial damage, crack tarmac and invade homes. The damage caused by Japanese Knotweed can be costly to repair and expensive to remove from sites as the roots of this plant spread rapidly underground. It can also spread from neighbouring properties and is an extremely invasive, domineering species of plant. Unfortunately attempting to dig it out can cause the regeneration of fragments into more plants. Professional help with remedial work is highly advisable.
Do I need to declare my property has Japanese Knotweed prior to selling?
Yes, the seller of a property is obliged to disclose the presence of the plant on their property if known. Japanese Knotweed is a problem and if you have this on your property it could impact purchase/sales transactions in various ways. Mortgage lenders may decide not to lend on a property that contains Japanese Knotweed and insurers may not insure. It can also decrease the value of a property substantially.
If you are selling a property and concerned about the possibility of having knotweed on the site, it is advisable to have your property surveyed. If a surveyor fails to recognise the presence of knotweed, they may be at risk of a negligence claim.
What happens if Japanese Knotweed spreads to adjoining properties?
If you discover Japanese Knotweed on your property, you must deal with it straight away by seeking professional advice on the removal / disposal of it. As a property owner, you are legally responsible and it is against the law to allow this plant to spread from one property to another. If it does spread to an adjoining property, you may be faced with a substantial claim from the adjacent landowner. This may also take into consideration the costs associated with removal of the knotweed plus any depreciation on the value of the property.
Contact RP Crawford & Co Solicitors
Japanese knotweed is the most invasive vegetation in the UK and is indeed prevalent in many areas across the UK. If you have queries relating to the purchase or sale of a property affected by Japanese knotweed, please contact our conveyancing team on 028 9038 1024, complete our enquiry form or email enquiries@rpcrawfordsolicitors.com.