Japanese Knotweed – What’s all the fuss about?
Japanese Knotweed is an invasive, fast growing and highly resilient perennial plant species. If Japanese Knotweed is affecting your property, your property could be devalued by up to 10% and you could be eligible for thousands of pounds of compensation. In many cases we act for clients on a no win no fee basis. Please contact us for some free initial legal advice.
Originating from Japan where it’s typically found growing around volcanoes, it was introduced to the United Kingdom in the 1800’s as an ornamental plant. Knotweed was also used to stabilise railway embankments due to its extensive underground rhizomes (root system).
Japanese Knotweed spreads when fragments of rhizome or stem are transported to new areas. It rarely spreads by seed. The plant grows into dense stands which outcompete other native plant species.
In spring, purple shoots emerge from pink buds from the ground. The shoots grow at a rapid rate producing strong bamboo like canes with purple flecks reaching in excess of 2 metres tall during the summer months at the height of the growing season.
Its leaves are a vibrant green and heart shaped around 14 cm in length in a zig zag pattern along the stems. Its flowers are a creamy white colour and form in late summer and early autumn. Japanese knotweed starts to die back in late autumn and is dormant throughout the winter months. The dry dead canes however, are often intact until the following growing season and beyond.
Although it is not illegal to have Japanese Knotweed in your garden, in accordance with the Wildlife and Countryside Act 1981 it is an offence to allow Japanese Knotweed to grow in the wild.
The value of your property could also be diminished by up to 10% if it is affected by Japanese Knotweed and it may cost thousands of pounds to eradicate.
Most mortgage lenders will refuse to grant mortgages on properties that are affected by Japanese Knotweed and many prospective buyers are reluctant to purchase properties affected by it.
For these reasons if Japanese Knotweed is affecting your property, you should take steps to control it to prevent it spreading onto neighbouring land and from becoming a bigger problem in your neighbourhood.
What’s the Legal Position for Knotweed Claims
If Japanese Knotweed is affecting your land, you may be eligible to recover compensation to cover the loss in value to your property and the costs of treatment if someone is legally liable. There are three main legal avenues to explore which include:
Is Japanese Knotweed encroaching from neighbouring land? If so, you may have a private nuisance claim against the neighbouring landowner.Have you purchased a property affected by Japanese Knotweed within the last 6 years and were not informed about it by the seller?
If so, you may have a legal claim against them in breach of contract and misrepresentation.Have you purchased a property affected by Japanese Knotweed within the last 6 years and the surveyor you instructed to complete the pre purchase survey failed to identify it?
If so, you may have a professional negligence claim to pursue against the surveyor.
If your claim is successful, you could be awarded thousands of pounds to cover the loss in value to your property as well as the costs of treatment.
At Roach Pittis Solicitors we specialise in Japanese Knotweed claims. If your property is affected by Japanese Knotweed, please do not hesitate to contact us and we will be happy to provide you with some free initial legal advice confirming whether you have a potential legal claim / claims to pursue.
We act for hundreds of clients on a no win no fee basis, so there is no need to worry about paying expensive legal fees. Find out more about our Japanese Knotweed services here.
We look forward to hearing from you.
We work with a variety of carefully handpicked Japanese knotweed eradication companies who can provide treatment and advice in relation to all aspects of Japanese knotweed infestations.
