Japanese Knotweed - What are my rights?

l3mmmy

We completed on our house purchase around 3 weeks ago.

This weekend we noticed Japanese Knotweed sprouting halfway down our garden! :eek:

It's also on the next door neighbours side (it's right on the boundary between us both) so we went to speak to them. They're an old couple, they said they knew about it and have just been pulling it out. They told us the sellers also knew about it as they had had a similar conversation with them when they moved in 3 years ago.

On the seller's TA6 form they have said that 'No' there is no Japanese Knotweed present, but we now know that they were lying about this.

Also Halifax didn't pick up on it on our valuation (we did only have the basic one - but I have been told they still look for Japanese Knotweed as it can deter some lenders from offering a mortgage on a property if it's found?).

What are our rights? Do we have any? Isn't the TA6 a legal document?

AdrianC

When the surveyor visited, were there visible signs of the JKW? If you're just noticing it sprouting now, I presume not. So, no, he could not have picked up on it.

Yes, the TA6 is a legal document. You can raise it as an issue with the vendors, either via your solicitor or directly. Ultimately, unless they agree to pay, you'll be taking them to court. Other than he-said-she-said with the neighbour, do you have any evidence that they definitely knew about it?

l3mmmy

AdrianC wrote: »

Other than he-said-she-said with the neighbour, do you have any evidence that they definitely knew about it?

Yes it would be difficult to gain evidence that they knew about it, but we could get a statement from the neighbour.

I think it would be unfair for them to just get away with lying about the property having it. It's a big deal and a real !!!!!! thing to do to another person.

foxy-stoat

Speak to your solicitor about it - they will give you the best advice as your paying for it.

SmashedAvacado

This sounds like an exam question.

Forget the legal issues initially - you have plenty of time to sort those. Get someone in who can cure it as quickly as possible. Keep all receipts. Make a note of your conversations with neighbours.

[Deleted User]

Just a note about going to court. You are in a good position if the neighbours are willing to state that they informed the previous owner about it. The decision will be on a balance of probabilities and in the absence of other evidence two statements from the neighbours will swing it.

Since removing it can cost 10-15k or more, and take even more money off the value of the property, it's unlikely that they will be willing to pay up as much as you need to fix the problem. As such, you should definitely talk to your solicitor and if possible get a written statement from your neighbours ASAP in case you need it in the future.

ThePants999

SmashedAvacado wrote: »

Get someone in who can cure it as quickly as possible.

Not much use if it's coming in from the neighbour's side and they're not doing anything about it.

vw100

How severe is the knotweed. If not much, just pull it out and treat the ground with some good agricultural weed killer every so often it will soon die. If you wan to be extra cautious burn it

Marvel1

Not sure how much you have, I had a small amount last year, I used this in September as per instructions.
https://www.amazon.co.uk/Roundup-Tree-Stump-Weedkiller-250ml/dp/B01BY4FFPK/ref=sr_1_1?crid=2BEA51S1VZQQS&keywords=roundup+tree+stump+and+root+killer&qid=1557233599&s=gateway&sprefix=roundup+tree%2Caps%2C148&sr=8-1

So far nothing this year.

AdrianC wrote: »

When the surveyor visited, were there visible signs of the JKW? If you're just noticing it sprouting now, I presume not. So, no, he could not have picked up on it.

Also completed 3 weeks ago, meaning surveyor visited before the growing season.

Davesnave

vw100 wrote: »

How severe is the knotweed. If not much, just pull it out and treat the ground with some good agricultural weed killer every so often it will soon die. If you wan to be extra cautious burn it

You are giving contradictory advice. Whether the user is a private individual, a specialist contractor, or a farmer, the approved weedkiller is glyphosate

"Pulling it out" is not helpful, as it's the plant itself that absorbs the chemical, which becomes inactive when it hits the soil."Treating the ground" is therefore pointless.

It's possible for any reasonably intelligent person to get rid of JK by following approved methods, which take account of its life cycle. Information is freely available, but the likes of the Daily Mail and similar sources that have sensationalised problems with it, wouldn't be the best place to look! Here's one source for starters:


https://www.naturaldevon.org.uk/home/devon-invasive-species-initiative/japanese-knotweed/


No one has to spend thousands getting rid of JK, unless a lender demands an insurance-backed treatment programme. However, if there's a seller who's lied and they can be successfully pursued for the cost of commercial eradication, by all means go after them.

Davesnave

ThePants999 wrote: »

Not much use if it's coming in from the neighbour's side and they're not doing anything about it.

It sounds as if they might be amenable to having their side treated too though.



They may lack the know-how and/or the money to tackle it themselves. There again, like your comment, it might be a case of, "What's the point? They have it next door."