Japanese knotweed near the property on a council land

Avalanche123

Good evening.

We bought our house 3 years ago and last year, there was some Japanese knotweed behind our house. It is not in our garden, in anyone's garden, it is on council land behind the houses. The council is treating it. I would guess it's around 5 meters from the garden boundary.

When we bought the house, the seller ticked there was no knotweed. I know from the neighbors that the knotweed was there on and off for years but always treated by the council.

When we are selling the house, my instinct is to tick not known on the form as there isn't knotweed affecting the property but i cannot of course guarantee that there aren't any roots within 3 meters of the garden. Does that legally solid?

Is there anything I can do, take an insurance out etc?

TheJP

Is there any Japanese knotweed on the property? No... Carry on

Its up to the buyers to do due diligence, as long as you truthfully answer the questions that are asked there is no issue. The fact that the council are sorting it is a positive should the buyers find out they are treating knotweed 5 meters away from the property.

Bwci

If visible growth is over 3m then you're fine, especially if the council are treating it. 

For extra insurance, you could ask the council who's treating it. Often they outsource the work. 

You can't get insurance, but you could get a PCA registered company to do a survey (circa £300) on your property. This will state the knotweed is 5m from your boundary and no treatment is required. This report will come in very handy should the council not control the knotweed and it encroaches up to or within your boundary.

Avalanche123

Bwci said:

If visible growth is over 3m then you're fine, especially if the council are treating it. 

For extra insurance, you could ask the council who's treating it. Often they outsource the work. 

You can't get insurance, but you could get a PCA registered company to do a survey (circa £300) on your property. This will state the knotweed is 5m from your boundary and no treatment is required. This report will come in very handy should the council not control the knotweed and it encroaches up to or within your boundary.

Thank you! I was under the impression that the council is required to treat it as it is on their land. Do i have that wrong?

Bwci

Anybody with knotweed has to control it and stop it spreading. 

So yes, they should treat it. 

I'd get it in writing from them.