Typical types of Japanese Knotweed claims

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.