Japanese Knotweed Legislation and Your Rights | Who is Liable?

Japanese Knotweed Legislation and Your Rights

Who is liable when Japanese Knotweed spreads from someone else’s land? And how to make a claim against that person or organisation.

Japanese Knotweed Legislation Explained

If you have discovered knotweed on your premises, you might be wondering who is liable. Current Japanese knotweed legislation is very clear on this:

  1. It is illegal for a landowner to allow knotweed to spread from their premises to a neighbouring property. This means that if knotweed has spread to your property from a neighbour’s land, it is their responsibility.
  2. The TA6 Form (Seller’s Property Information Form) must be completed when selling a residential property. The seller is asked, “is the property affected by Japanese Knotweed?” – either answering, yes/no or not known. Legal implications, of course, could come in effect if misleading information is provided.
  3. Property surveyors must notify buyers of any knotweed damage or signs of knotweed growth when carrying out their surveys. If your property surveyor failed to notify you of this, they are at fault.

In these cases, it might be possible for you to make a legal claim against damage caused and other damages, such as a decrease in your property’s value as a result of the presence of knotweed.

Case Study: Network Rail Faces Compensation Bill Worth Millions

In February 2017, two neighbours made history by successfully suing National Rail for damages to their properties caused by knotweed that had spread from National Rail tracks. Mr Waistell, 70, and Mr Williams, 43, saw their properties almost half in value and could no longer sell due to lenders’ refusals to give mortgages on properties afflicted with knotweed.

“Recorder Andrew Grubb ruled in their favour and ordered the Government body to pay £4,320 to each claimant to treat the knotweed. And in what is being seen as a key test case, he also awarded them £10,000 each in compensation for the fall in value of their homes.”

The historic test ruling opens up the possibility for similar cases up and down the country.

How To Make A Claim: Specialist Knotweed Lawyers

Specialist knotweed lawyers are the best way to make an effective claim against a neighbour or property surveyor. With extensive knowledge of knotweed legislation and experience handling claims similar to yours, they are expertly placed to tackle your case. For this reason, we have partnered with a number of Solicitor firms, who provide a UK-wide operation in relation to nuisance claims caused by Japanese Knotweed and property diminution claims.

Their specialist Japanese Knotweed Claims solicitors are on hand to help you recover losses due to knotweed-related damages.

What To Do Next

Reporting Japanese knotweed is simple. To find out if you can make a claim, enquire using the button below and we will get back to you within 24 hours to discuss your case further.

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