Japanese Knotweed Claims

Japanese Knotweed might sound like just another weed, but it is considered to be such a menace that laws have been brought in to help deal with it. This has meant that many people have now been forced to bring claims against those responsible for letting it spread in order to cover the costs of dealing with it and any diminution to the value of their property.

What is Japanese Knotweed?

Japanese Knotweed is a rapidly spreading weed that can grow huge stems during the summer that come from rhizomes that are located deep underground and will die back through the winter. This weed is not like most others as it can grow to a height of more than 2.1 metres. This means that it will take over areas rapidly and prevent any other plant life from growing there.

This can have a very damaging effect on property, and Japanese Knotweed is known for being difficult to get rid of. Removing by hand can be hard to achieve and chemicals can also struggle against it.

The Impact of Japanese Knotweed on Property Value

Japanese Knotweed can be extremely difficult to manage and remove, and so it has been found to have a direct impact on the value of any property it has been found on. A study which was published in 2013 showed that the presence of knotweed has the potential to reduce the value of a property by anything from 5% to 15% depending on the extent of the infestation and how close it is to any surrounding properties. In some cases, it has the potential to make a property impossible to sell.

It can also make it difficult to secure a mortgage on the property, which can dramatically reduce the number of buyers that will be available.

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How to File a Claim Surrounding Japanese Knotweed

If you buy a property which contains Japanese Knotweed and the seller failed to disclose it, then it is possible to sue for damages. It can also be possible to bring a claim against the surveyor for professional negligence if you believe that the presence of Japanese Knotweed was missed or overlooked.

If you believe that the weed has spread to your property from a neighbouring one, then you can also make a claim against them if you can prove where it originated from. It is important to establish the source of the Knotweed in order to establish who is at fault. At this point, a claim can be brought in relation to the costs of removal and possible compensation for any loss of valuer that your property may have suffered.

Treatment Costs and Compensation

What Costs are Involved?

As removing Japanese Knotweed can be difficult, it often requires specialist treatment and removal. Depending on the size of the infestation, it can cost between £1000 and £5000 for it to be removed. The longer the situation is left, the greater the costs are likely to be.

How Much Compensation Can You Expect?

When making a claim for Japanese Knotweed, it is possible to reclaim the costs of having it removed. If you believe that the value of your property has been affected, then you may also be able to make a claim of compensation as a result. Legal cases which have already been made have been settled for an amount up to 20% of the value of the property.

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The Legal Situation of Japanese Knotweed

Laws and Regulations

Due to the voracity of Japanese Knotweed, a number of laws have been brought in to help deal with it. As it continues to grow and spread, it can be detrimental to property and the local community if it is not dealt with. It is therefore illegal to plant it in the wild and can lead to fines and claims being made against you.

There have been cases of claims being made against neighbours and even local authorities who have allowed Japanese Knotweed to spread to other properties. There has been precedent set to not only deal with the cost of removing the weed but also for the ‘blight’ that it has created on the property.

It is also possible to seek an injunction to force the original property owner to start control measures. Complaints to local authorities about Japanese Knotweed allow it to be treated as a form of antisocial behaviour.

Penalties for Non-Compliance

If a claim is made to a local authority and warnings are ignored, the local authority has the power to issue a Community Protection Notice against them, and failure to comply with this without anything considered to be a reasonable response can be considered to be a criminal offence, which can lead to sizable fines. 

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How Lovedays Solicitors Can Help

At Lovedays Solicitors, we understand the impact that Japanese Knotweed can have on a property and your life. We can therefore help you to bring a claim against the source of the weed that is fair in relation to the losses that you have suffered. We have a friendly and professional team who can offer you specialist legal advice and help to manage your claim as quickly and effectively as possible.

Japanese Knotweed can have a massive impact, and so it is important to deal with it as quickly as possible. Those who have suffered because of the mismanagement of others are now entitled to bring claims against them, and we are here to help you do that.