Investor, developer, indeed landowner in any capacity – recent rulings mean Japanese Knotweed is now more of a nuisance (and a costly one) than ever. With over 6000 UK locations identified as containing the weed, you best be clear on how to handle this inconvenient invader or you face ending up in a bind.
What's Changed?
The decisions in the two cases are a particular concern for landowners because:
- neighbouring landowners no longer need to demonstrate that the weed has caused physical damage to their property in order for a successful nuisance claim to be made; and
- the damages recoverable by the neighbouring owner can extend to diminution in value of their land and loss of amenity – which could amount to quite substantial sums of money.
What Should I Do?
If you are acquiring new land
- Require the Seller/Landlord to confirm whether there have been any historic or ongoing Japanese Knotweed issues on the land and if so to provide details and copies of any guarantees or warranties which should be transferable to you and any lender.
- Carry out your own site survey to satisfy yourself that there is no Japanese Knotweed on site. This will be very important for overgrown bare land. It may be all you can do if the Seller tells you to rely on your own survey in answer to the question above.
If you have Japanese Knotweed on your land
- Take immediate expert advice on how to eradicate the Japanese Knotweed – this must only be done by suitably qualified specialists. Make sure any action taken is backed by a guarantee or warranty which is transferable to successors and any future lenders
- During the period whilst the Japanese Knotweed is being eliminated (which can take up to 3 years), take expert advice on how to minimise the risk of it spreading
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
