Japanese Knotweed is an invasive, fast-growing and highly resilient perennial plant species originating from Japan, and typically is found growing around volcanoes.

Introduced to the United Kingdom in the 1800s as an ornamental plant, it grows into dense stands which out-compete other native plant species.

Japanese Knotweed starts to die back in late autumn and is dormant throughout the winter months. The dry dead canes however, are often intact until the following growing season and beyond.

In accordance with the Wildlife and Countryside Act 1981 it is an offence to allow Japanese Knotweed to grow in the wild.

The value of your property could also be diminished by up to 10% if it is affected by Japanese Knotweed and it may cost thousands of pounds to eradicate.

Most mortgage lenders will refuse to grant mortgages on properties that are affected by Japanese Knotweed and many prospective buyers are reluctant to purchase properties affected by it.

The Legal Position

If Japanese Knotweed is affecting your land, you may be eligible to recover thousands of pounds in compensation to cover the loss in value to your property and the costs of treatment if someone is legally liable. There are three main legal avenues to explore, which

include:

Is Japanese Knotweed encroaching from neighbouring land? If so, you may have a  private nuisance claim against the neighbouring landowner.

Have you purchased a property affected by Japanese Knotweed within the last six years and were not informed about it by the seller? If so, you may have a legal claim against them for breach of contract and misrepresentation.

Did the surveyor you instructed to complete the pre-purchase survey fail to identify it? If so, you may have a professional negligence claim to pursue against the surveyor.

Roach Pittis Solicitors specialise in Japanese Knotweed claims, and act for hundreds of clients on a no win no fee basis, meaning there is no need to worry about paying expensive legal fees.

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