Discovery of Knotweed while buying

davidmcn

narkymark wrote: »

Also, if selling on, do we need to declare the knotweed if it's been treated and not reoccurred?

The question on the property information form (which I presume is what how your vendors have disclosed this) is "is the property affected by Japanese knotweed". Not "was".

elsien

Is the neighbour getting their garden treated as well? Do any other neighbours also have an issue?
Would your extension be built over the area which has had knotweed?
How long ago was it treated?
If you're building an extension, how long are you planning to live there?

As someone living in a knotweed infested area, it seems to be mainly a problem with the irresponsible neighbours who keep digging it over without getting it treated.
So from me, a cautious maybe, depending on the answers to the above questions.

ACG

It is probably more of a risk where it is a neighbours property than if it is yours. If they are not getting it removed then it could quite easily come back.

lees80

You probably need to check your mortgage lenders policy on it, too. Even taking into account the various treatments / studies I know some lenders won't touch a property within a sniff of the stuff.

hazyjo

davidmcn wrote: »

The question on the property information form (which I presume is what how your vendors have disclosed this) is "is the property affected by Japanese knotweed". Not "was".

Seeing as it takes years to eradicate, and the following question on the form is "If Yes, please state whether there is a Japanese knotweed management plan in place and supply a copy", I would be inclined to think that it should be declared until the treatment plan has finished/expired.


They really need to reword that clause. I agree, it's vague at best.


It's best to get the solicitor to ask a direct question in writing - something like 'has there ever knowingly been JK present at or adjacent to the property or a treatment plan in place'. They are obliged to answer honestly.

SouthLondonUser

Did they tell you before or after you instructed a survey?
By the way, cases like this are precisely why I like the Scottish system, in which the seller prepares a pack for the buyer.

Yes, it seems that a number of experts are challenging the current criteria on Japanese knotweed as too harsh, but I agree with the comments that this doesn’t mean much; maybe in 10 years the whole attitude will change, maybe not, but right now the sentiment is very much against this plant.

A couple of comments / clarifications are probably in order.

Damage from Japanese knotweed is NEVER covered by insurance, as it falls under the definition of slow and gradual event (or whatever the technical term is); basically insurance covers you against a sudden disaster like a fire, not against something which builds up gradually and which you’re supposed to notice and address in time.

IMHO, most treatment guarantees are worth much less than people think. First of all, they need to be insurance-backed, otherwise they become meaningless if the business which sold them closes down or goes bankrupt. AFAIK most policies cover you, net of excess, for something in the £800 – 2k range. The cover typically means something like this: as long as the company is around, they will perform certain very specific tasks, e.g. inspect twice a year for x years and choose, if necessary, between a set of pre-agreed treatments. If the company goes bust, the insurance will pay up to a certain amount for another company to do the same.
You need to understand it’s not a guarantee that the plant won’t come back, it’s not a payout if it does, it’s not a guarantee to do whatever it takes to get rid of it. E.g. if the contract states they will treat it with chemicals, they won’t pay to, say, excavate the entire garden and replace the entire soil, should it ever be necessary.
So you also need to think of the guarantee in the context of the value of the property; is the guarantee worth £3k and the property £100k? Or is it worth £800 and the property a million?

You can look it up, but RICS has a scale to assess the severity of an infestation based on distance. The most severe category is something like 6-7 metres from the property. This means that, if the plant is in the neighbour’s garden, depending on size extension etc, your house could be considered a worse case than the neighbour’s, even if the plant is not in your property.

It is therefore important that neighbours get together and agree to pay for treatment together.

My recommendation to you is this:

• understand if the neighbours clubbed together to pay for some kind of joint treatment;
• you mention there is a treatment plan in place; demand to see documentation which shows what the situation was like when the treatment company was first called, what the treatment company has done until now, and exactly what the guarantee covers; lenders will ask you for this stuff anyway; make sure you receive this information in a way which gives you reliance: many contracts have clauses whereby you can only rely on information provided via the solicitor, and not via the estate agents.
• if the treatment has already been paid for upfront, the infestation was small and caught in time, and you plan to stay in the house a long time, I wouldn’t worry too much, but I would use this as leverage to bargain on the price; I’d also speak to a good broker to understand how many banks might be reluctant to lend in this case, although the feedback must be taken with a grain of salt, because brokers are unlikely to ever recommend not buying a property!
• let me repeat it: bargain, bargain, bargain! It's hard to argue that a property with no history whatsoever of knotweed isn't worth more than one with some history. Unless there is something really unique about this property, you should bargain. Note that "unique" doesn't include falling in love with the colour of their kitchen; think of it more coldly from the perspective of another buyer: you may lvoe the property, but how many buyers may find it underwhelming and therefore be put off by the knotweed?
• if the infestation is in the garden of a neighbour who hasn’t agreed to pay for the treatment, run away.

GDB2222

davidmcn wrote: »

The question on the property information form (which I presume is what how your vendors have disclosed this) is "is the property affected by Japanese knotweed". Not "was".

That is the current question. The form gets revised from time to time.

It seems obvious that Knotweed is an issue for the OP. It reduces the value of the property, and it stores up problems for the future.

SouthLondonUser

davidmcn wrote: »

The question on the property information form (which I presume is what how your vendors have disclosed this) is "is the property affected by Japanese knotweed". Not "was".

It's ambiguous. Define "affected". I don't think anyone can give you 100% certainty that the plant has been fully eradicated; certainly no one can guarantee it will never come back. What if it's not visible but there are tiny roots somewhere?

Subject to what a solicitor says, I'd think the safest option for a seller is to be honest. To reply with, depending on the case, something like "No, but my neighbour's house is" or " As far as I know it's not affected now, but there was a case x years ago which we dealt with swiftly, etc". Otherwise the seller risks being sued by the buyer for misrepresentation.

Marvel1

spadoosh wrote: »

You also couldve got a good idea of the potential for there to be japanese knotweed from here.

http://www.planttracker.org.uk/map/knotweed

Does not show my neighbour having it or anywhere within 1/2 a mile.

Marvel1

kdotdotdotdot wrote: »

The only problem with JKW is that by law it has to be reported and dealt with

Does it?

https://www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading#prevent-spread-of-japanese-knotweed

You do not have to remove Japanese knotweed from your land, but you could be prosecuted or given a community protection notice for causing a nuisance if you allow it to spread onto anyone else’s property.