Japanese Knotweed

Japanese Knotweed is an invasive weed which can grow up to 7ft tall, and grows a rate of 10cm per day. This rapid growth causes havoc to buildings as the weed targets weak points in the structure and attempts to go through them. An estimated 5% of UK property are affected by this species and this can down value the property in question by approximately 5-15% or in extreme cases making it unsaleable. When it comes to residential conveyancing, the effect on the valuation of a property is determined by the proximity of the property to other buildings and by the extent of the invasion by the weed.

The presence of Japanese Knotweed on your land is not in itself an offence and you are under no obligation to report it. However, should the weed encroach onto neighbouring land or property, there may be civil liability as the landowner could be subject to private nuisance claims. It is also an offence under the Wildlife and Countryside Act 1981 to plant Japanese Knotweed or to cause it to ‘otherwise grow in the wild’. This means that strimming or cutting of Japanese Knotweed can be an offence if not handled and disposed of properly. It is therefore advisable to instruct a professional to eradicate the weed.

In any sale, the owner of the property is required to disclose whether the property is affected by Japanese Knotweed. If this is not disclosed this can lead to the seller facing a misrepresentation claim if it can be proved that they knew their response was untruthful. As a seller, you must therefore take great care when answering the question, ‘Is the property affected by Japanese Knotweed?’. You may answer, ‘yes, ‘no’, or ‘unknown’ to this question, however, ‘no’ can only be chosen if the seller is certain that no root of the plant is present on the grounds or within 3 meters of the property even if no sign is visible above ground.

If you do have any further questions, please contact our conveyancing department who will be happy to assist on 01942 206060 or by e-mail to mbh@wigansolicitors.com.

Written by Georgia Wall – Trainee Apprentice Solicitor in the Conveyancing Department.