Skip to main content

News story

May 9, 2017

House sellers are facing testing questions

Springtime is traditionally the busiest time for the property market, but with a knotty problem affecting more homes than ever, whether you’re buying or selling, it’s worth doing some horticultural homework before you start.

Japanese knotweed is a highly invasive, aggressive and destructive plant, able to grow as high as four metres in just a few months and with roots that can spread seven metres. It’s non-native with no natural predators and can cause significant structural damage, growing through asphalt and other hard surfaces, often compromising building structures. Getting rid of it is a costly and time-consuming business involving specialist waste disposal because simply digging up the roots is not enough to kill it.

Image by H. Zell (Own work) [GFDL or CC BY-SA 3.0], via Wikimedia Commons

You can be fined up to £5,000 or sent to prison for two years if you allow contaminated soil or plant material from Japanese knotweed to spread into the wild, and now a landmark court ruling has found that a landowner is responsible if they do not prevent the plant from spreading from their land to adjoining properties.

The case involved a group of homeowners in South Wales who acted against Network Rail after Japanese knotweed grew into their garden from adjoining railway sidings. The knotweed had been there for at least 50 years and had been actively treated since 2008 to ensure visibility for trains on the line. In weighing up the claims of the homeowners, the judgement considered the extent of nuisance suffered and found in their favour, saying that the presence of Japanese knotweed was enough, without any physical damage, as it had the potential to affect the market value of a property seriously.

Many mortgage lenders restrict their lending on affected properties, and homeowners may have difficulty selling or find their property value reduced by as much as 50%.

There have been few previous rulings involving Japanese knotweed infestations, and the outcome is likely to put extra pressure on property owners to control the plant and significantly impact larger landowners and those responsible for tracts of public land.

Property lawyer Ben Marks said:

“If you’re not a skilled gardener, it’s worth getting to grips with the Japanese knotweed identification. If you can see it growing on your property, then take steps to eradicate it. If it’s growing on neighbouring properties, speak with your neighbours, and if they don’t tackle the problem then it’s worth considering action.

If you are successful with a nuisance claim, you can push for neighbours to undertake a five-year eradication programme and ask for a guarantee from the specialist company involved, as well as seeking compensation, if there is evidence it has travelled through your boundaries.”

Ben added:

“Taking action to protect what is probably your biggest asset is a simple but sensible option, whether you’re buying, selling or staying put. These days, when you sell a property, you will be asked whether Japanese knotweed has been found on the property and the reply will be included in the comprehensive pack of buyer’s information that lawyers compile during the conveyancing process.”

Call Ben Marks today for more information on Japanese Knotweed.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more
  • Disclosure against warranties in UK corporate transactions
    In UK corporate transactions, disclosure of information is a vital strategy for sellers to shield themselves from warranty claims when selling their shares or business.


    Read more
  • How the Employment Rights Bill 2024 impacts employers and businesses
    The government’s new Employment Rights Bill outlines significant changes to employment laws, focusing on workers' rights and flexibility.


    Read more
  • Business First Magazine
    Autumn/Winter 2024 Edition


    Read more

What they say...

  • Stephen, November 2024
    “Outstanding family lawyer who came through for me in a difficult case. In the world new to me of divorce and the aftermath, [Pippa Marshall] provided excellent advice from the first call and right through to conclusion. She made a difficult ex

  • M. M. Homes, November 2024
    “Charlotte explained everything very clearly and made the whole process nice and easy. Have already started recommending her to my friends.” Wills and LPAs

  • Nim, November 2024
    “I highly recommend James McMullan and his team. They all did a fantastic job with helping me through a particularly difficult family situation. They are extremely professional, caring, and experts in their field.” Probate and contentious

  • Man Kiu Wan, November 2024
    “Thank you Charlotte for your excellent and professional services.” Probate

  • Ms K, November 2024
    “I was recently made redundant, and my company had handled some of the process quite poorly. Patrick came recommended by a friend who had used him during her own redundancy, and I can now wholeheartedly recommend him myself. His initial consult

Read more
Send this to a friend