If you have bought a knotweed affected property and the presence of knotweed was not disclosed during the purchase of the property you could explore the possibility of recovering damages, as the seller could be guilty of a misrepresentation. Japanese Knotweed Ltd have recently been made aware of a number of these cases. In one of the cases:
Following completion of a property sale, the previous owner was contacted via her solicitors by the new owners seeking compensation for misrepresentation after knotweed was found. The previous owner had answered ‘No’ to the form TA6 question regarding ‘awareness to the presence of Japanese knotweed’. The solicitor has advised she will not have a leg to stand on to refuse this liability and she will now fund remedial works (a herbicide treatment programme in this case) with guarantee to deal with the knotweed on her former property.
Therefore if you are unable to identify knotweed yourself when selling or buying a property you would be advised to instruct a Specialist Knotweed Survey. Our (Japanese Knotweed Ltd) surveys will provide you with a written report that will accurately identify any knotweed and its location. This will in turn enable us to provide you with an accurate cost for the most suitable remedial solution and further help and guidance as necessary. Request a survey from £250 +VAT here.
Of course if you know you have Japanese knotweed (treated or untreated) be sure to declare its presence on the form TA6. Also be prepared to fund a Treatment or Removal programme, backed by a guarantee, as part of the property sale agreement.We can provide the guarantee programmes.