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February 2023

Japanese Knotweed – Seller Beware

Few invasive plants have such a negative reputation as Japanese Knotweed. Even the Law Society decided it would be prudent to dedicate a section in the seller’s property information form to this garden weed. A recent County Court case highlights the importance of correctly completing the Property Information Form in respect of Japanese Knotweed.

What is Japanese Knotweed? Japanese Knotweed is a garden weed often found on land that has been left unattended for a while. Unlike other garden weeds, Japanese Knotweed is strong enough to grow through cracks in concrete, and it's been known to damage buildings and roads that get in its way. Most mortgage lenders have very stringent requirements, which can involve complicated and expensive treatment plans. Unfortunately, this can also result in the property being devalued.
 
The seller completes the Property Information Form at the outset of each residential sale. This form asks specific questions about the property, which the buyer is able to review and rely on. The question on Japanese Knotweed asks ‘is the property affected by Japanese Knotweed?’ The options to answer are Yes, No or Not Known. Although the answers are simple, the recent court case highlighted the important distinction between answering No and Not Known.

The background to the court case: A seller in south west London had marked ‘No’ in his Property Information Form. The buyer did not instruct a surveyor and relied on the answer. After completion the buyer found Japanese Knotweed in the garden. The judge held that the seller had made a misrepresentation by ticking ‘No.’ By ticking ‘No’ the seller implies actual knowledge of there being no Japanese Knotweed.  The judge did not consider it relevant that the buyer chose not to instruct a surveyor. As a result of this decision, the seller was ordered to pay £32,000 damages to the buyer together with the legal fees for both sides.

It can be very difficult for a seller to be absolutely sure if there is Japanese Knotweed.

The Law Society’s guidance is:

If you are unsure that Japanese knotweed exists above or below ground or whether it has previously been managed on the property, please indicate this as 'Not known'. If 'No' is chosen as an answer, the seller must be certain that no rhizome (root) is present in the ground of the property, or within 3 metres of the property boundary even if there are no visible signs above ground.

It is very important you speak to your conveyancer if you are unsure how to respond to this question. 

If you are looking at selling your home or buying a new home, please get in touch with Hayward Moon and we can provide you with a quote. 

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