£200,000 legal case highlights importance of knowing for certain if Japanese knotweed is present when selling a home

A £200,000 legal case has highlighted the importance of knowing for certain if Japanese knotweed is present when you’re selling a home.

Nic Seal, Founder and MD of invasive plant specialist Environet, comments on the outcome of a £200,000 legal claim against a seller, reported today, who failed to declare the presence of Japanese knotweed on his property.

Nic said:

“This salutary tale emphasises how vital it is that sellers check their property for knotweed before selling, if they want to avoid the risk of being sued further down the line.

“The Law Society’s TA6 Property Information Form, completed by all sellers, asks a direct question about whether a property is affected by knotweed and the accompanying guidance clearly states that in order to answer ‘No’, the seller must be certain the property is not affected, including rhizome beneath the ground and within three metres of the boundary.

“A cursory glance around the garden by an untrained eye is not sufficient. Knotweed dies back during the winter months and can even lie dormant beneath the ground for up to 20 years with no sign of growth. It also takes on a completely new appearance if chemicals have been applied in an attempt to kill it, making it harder to recognise.

“It’s the seller’s duty to determine if their property is affected by knotweed. It might be tempting to cross your fingers and hope for the best, but if it later arises and the buyer sues, you’ll be liable for diminution of the value of the property and legal costs, which can amount to hundreds of thousands of pounds.

“The only way to confidently state that a property is unaffected is to commission a professional knotweed survey, backed by a warranty.”

Kindly shared by Environet UK

Main article photo courtesy of Pixabay