Japanese Knotweed Warning

Japanese knotweed is an aggressive plant which spreads quickly and can have serious implications for a property.

More consideration will now be required to the Japanese knotweed section of the property information form following a ruling by the Court of Appeal. The ruling stated that Network Rail had breached their duty by allowing Japanese knotweed to spread over the claimant’s land.

Sir Terence Etherton, master of the rolls declared that Japanese knotweed affects ‘the owner’s ability fully to use and enjoy the land. They are a classic example of an interference with the amenity value of the land’.

When selling a property, you are required to complete the Law Society’s TA6 property information form which contains details about the property. This ought to be completed truthfully and to the best of the seller’s knowledge. Following this ruling, if the Japanese knotweed section is not answered carefully, the purchaser may get damages for distribution to their enjoyment of the land.

It has recently been released that fewer than one fifth (19%) of the UK can identify Japanese knotweed. When selling a property, individuals now need to be aware if the property suffers from the weed and ought to have it professionally treated prior to the sale.

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