New build (Japanese knotweed) - Legal/reselling

DavidBrenk

Hi,

I was wondering if someone maybe able to advise me.

I've been looking at purchasing a new build the site is large, 300 odd flats.

Japanese knotweed has been discovered around 20 meters away in the car park next to the building im interested in. It's been treated over the last 2 years and is deemed eradicated and comes with a 10 year guarantee.

My question is if when time comes to sell (if i purchase the property). Do i have to declare that it has Japanese knotweed. The TA6 form has a section for this but I don't know if that covers cases of knotweed erridacation, because the more I read the more it says about maintenance plan but if it's truly erradicated their is no plan so do i have to declare it.

Chanes

You have to declare it and say it has been treated I would guess.

unforeseen

Why should you have to declare something not on your land or under your control?

DavidBrenk

unforeseen wrote: »

Why should you have to declare something not on your land or under your control?

That's a good point, as i guess technically I don't own the land i just lease the flat.

But I don't want to be misleading anyone and open myself up for complications in the future. And if im filling in a survey questionnaire and i have to answer the question about knotweed i have no idea how to answer it.

AnotherJoe

DavidBrenk wrote: »

That's a good point, as i guess technically I don't own the land i just lease the flat.

But I don't want to be misleading anyone and open myself up for complications in the future. And if im filling in a survey questionnaire and i have to answer the question about knotweed i have no idea how to answer it.

"The flat does not have a garden"

Or, if there is a communal garden " to the best of my knowledge there is no knotweed in the communal garden"

davidmcn

unforeseen wrote: »

Why should you have to declare something not on your land or under your control?

I am guessing it is within the grounds of the flats and therefore the OP does have an interest (i.e. any costs to sort it out are going to feature in the service charge).

DavidBrenk

Yes I'd imagine the service charge would cover this if it needed retreatment.

I've included a photo

http s://ibb.co/fot5Ov

jimbog

https://ibb.co/fot5Ov

DavidBrenk

jimbog wrote: »

Thanks, I'm a new poster so can't post links or quote them it seems

moneyistooshorttomention

Personally - I would write the exact facts at that question. That way you will have "protected your back" from any possible future claim for misrepresentation by a buyer.

So - "JK was found x metres from the flat in (year). There has been/is a treatment programme started in (year) by firm y".

That way - you've covered yourself for having "told it like it is" and its up to them to work out whether they are okay about that - but they can't come back at you later for having misled them. You've just stated the exact facts for them to decide for themselves.

DavidBrenk

Yeah that's probably the most logical thing to do.

I just worry that I'll be stuck somewhere i cant sell because everyone panicks over JKN.