Japanese Knotweed (post purchase)

ridpath

Hello all,

I bought a flat (converted house) with a decked back garden, moved in last December. Over the past couple of weeks, Japanese knotweed is coming through the decking, it's close to the house.

I am wondering if I have any legal recourse against the vendor, as it's fairly prevalent (already sticking out 3 to 4 inches over the decking). This is based on online research that mentions that there is a JK question on the Law Society’s TA6 form as per this page:

https://www.onthemarket.com/content/buying-or-selling-a-property-affected-by-japanese-knotweed/

i.e. he may well have known about it. However, he is a landlord, the property was tenanted before I moved in, and he lives abroad so may not have/could deny. He still own the flat above and an adjacent flat (both first floor). The garden is part of my flat, he is the leaseholder for my building and next door (four flats in total).

Appreciate this isn't a legal forum, just wondering if this something others have come across.

Thanks.

moneyistooshorttomention

There is indeed a specific question on that legal form.

What answer exactly did he give to it? "Misrepresentation" is the correct word if he has failed to answer a question there correctly.

Ultimately, a buyer can sue the vendor for misrepresentation if they've deliberately lied on that form - ie to recover the costs incurred because of that. This can go all the way up to being able to force the vendor to buy back the property concerned from the buyer.

For right now - I'd be out there with my camera and measuring tape and getting photos of it/measurements of the height of it/etc. Followed by getting in a suitable local firm of JK specialists and explaining the situation to them and asking for their opinion about it (including how long they estimated that patch of it had been present).

daveyjp

If it close to the house get yourself plenty of roundup and start spraying it every week.

Davesnave

daveyjp wrote: »

If it close to the house get yourself plenty of roundup and start spraying it every week.

I wouldn't, at present. This isn't the Daily Wail and nothing drastic will happen if you approach this calmly and involve all those who may need to know.

You need an expert assessment, and to involve the freeholder of the building, resident or otherwise. Ultimately, all the residents will have to be involved, including the guy you purchased from if he still has property there.

At least the costs will be shared, as a professional treatment programme is the most likely outcome.