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Japanese Knotweed Got me Sued

Kryss
Kryss Posts: 5 Forumite
First Post
in House buying, renting & selling
We sold a house (number 60) which was subsequently found to have Japanese Knotweed. The new owners sued us. Their surveys showed that the knotweed came from the next door house (number 62) and has also spread to the property on the other side (64). We never knew we had it and always kept our garden weeded while next door was always overgrown (photos exist). Since it looks like it has spread from next door during the period we owned the house, can we sue next door (number 62 owned by a housing association) for the cost of the damages and legal costs we had to pay the new owners? We have all the documenation of ownership and the legal case.
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Comments

  • blue_max_3
    blue_max_3 Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 23 September 2020 at 7:44PM
    They might argue that it spread from your garden to theirs. Just being overgrown doesn't mean it was introduced. They might claim against you too!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    The new owners have launched a claim against you...?

    Or they've actually won that claim?
  • NameUnavailable
    NameUnavailable Posts: 3,030 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    The people you sold your house to have sued you for knotweed you didn't know about? Have they actually won their case? How much did you have to pay?
  • Aranyani
    Aranyani Posts: 817 Forumite
    500 Posts Name Dropper
    blue_max_3 said:
    They might argue that it spread from your garden to theirs. Just being overgrown doesn't mean it was introduced. They might claim against you too!
    If its rampant in 62, present in 60 and 64, but not in 58 or 66, then while its not conclusive proof that's evidence that the source is likely to be 62.
  • bbat
    bbat Posts: 151 Forumite
    Third Anniversary 100 Posts Name Dropper
    What exactly did they manage to sue you for? The cost of installing a membrane to stop the spread of the plant into the garden? I'm curious about how this works. This issue with knktweed is exactly what you describe, you can chemically treat it repeatedly on your property, but if the neigbour does nothing it will keep coming back. 
  • bbat
    bbat Posts: 151 Forumite
    Third Anniversary 100 Posts Name Dropper
    Also, how could the prove is was present at the point of sale and spread by rhizomes into the garden after sale?

    I'm sorry this has happened you you. Perhaps legal advice is the best way forward?
  • benjones2000
    benjones2000 Posts: 25 Forumite
    10 Posts Name Dropper
    It’s true even if you think you killed it all, it comes back years later
  • GDB2222
    GDB2222 Posts: 26,528 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Given that JKW reduces house values by about 10%, I’m surprised that there are not more law suits. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Combo Breaker
    There must surely be more to this thread than covered in the opening post? 
  • Kryss
    Kryss Posts: 5 Forumite
    First Post
    Aranyani said:
    blue_max_3 said:
    They might argue that it spread from your garden to theirs. Just being overgrown doesn't mean it was introduced. They might claim against you too!
    If its rampant in 62, present in 60 and 64, but not in 58 or 66, then while its not conclusive proof that's evidence that the source is likely to be 62.
    The surverys show it along one side of 60 - the side adjacent to 62. The growth in 64 is also along the side adjacent to 62. 62 is completely covered.

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