knotweed has infected my property from neighbouring land
In law, this is a claim for nuisance for encroachment. If you are able to show that the Japanese Knotweed has originated from the neighbouring land, you may have a claim against the neighbour in nuisance.
the value of my home has fallen due to Japanese Knotweed
A property affected by Japanese Knotweed, whether it is in their boundary or within 7 metres, loses value. This is called diminution of value.
If you are successful in bringing a claim against a defendant, then it may be possible to include a claim for diminution of value in any settlement.
my surveyor did not notice the knotweed problem
You may be able to bring a claim against the surveyor for professional negligence. If you are able to show that the surveyor should have noticed the Japanese Knotweed, you can make a claim.
the seller of the house did not disclose the problem
The paperwork in the conveyance included a form called TA6. This form ensures that your solicitor asked whether the property is affected or has ever been affected by Japanese Knotweed. If the seller knowingly gave false information, this is known as misrepresentation.
If you are able to show that the person selling your house to you knew about Japanese Knotweed on your property and did not disclose this information you can make a claim.
HOW THE PROCESS WORKS
No win no fee Japanese Knotweed claim. Here at Claim4Knotweed, our Solicitor panel deal with almost all of our clients’ claims on a ‘no win, no fee’ basis. This means you will not have to pay us a penny for dealing with your Japanese Knotweed removal claim if the claim is not successful.
Our Solicitors do not deal with your claim for free, but only get paid in the event that they are successful.
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Japanese Knotweed and the Law
Japanese Knotweed is one of the world’s most invasive, destructive and resilient species of plant. If a property is found to have an infestation of Japanese knotweed on their land or Japanese knotweed within 7 metres, it is extremely difficult to secure finance against the property. Therefore, Japanese knotweed doesn’t have to be located within the boundary of your property for a surveyor to categorise your property from being at risk from Japanese knotweed. The plant is a major threat to the environment and Schedule 9 of the Wildlife and Countryside Act 1981 has provisions that make growing Japanese knotweed illegal.
Property sellers are now mandated by the law to notify authorities if Japanese knotweed is growing on their property. This provision has been in existence since 2013. This is due to the fact that the weed can grow at a rate of 10cm per day. This rapid growth has been known to cause damage to property and building structures by growing through cracks in the structure or disturbing the foundations of a building.
It’s not enough to just dig out Japanese knotweed, you have to dispose of it properly and with professional help. Digging out this deeply penetrating plant without professional help, even if feasible, creates problems over disposal as Japanese knotweed is classed as ‘controlled waste’ under the Environmental Protection Act 1990.
As a ‘controlled waste’ plant, it can only be disposed of at licensed landfill sites. There are specialists and contractors that can be employed to aid with the disposal but first you must be sure that they are registered waste carriers to safely remove the weed from site.
Most commonly, we assist client in claims against the council where unkept public land lead to an invasion of the plant into the boundary of a private residence. Equally as common, are claims against Network Rail due to encroachment from railway lines close to their property. In July 2018, the case of Williams and Waistell v Network Rail was heard at the Court of Appeal, as Network Rail had appealed against the original verdict. The Court of Appeal unanimously upheld the decision not merely because of the diminution in the properties’ market value but also that the encroachment of Japanese knotweed rhizomes diminished the claimants’ ability to enjoy their own garden and land.
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