You have probably seen knotweed in your neighbourhood, and you may have even wondered what it was. Knotweed is an invasive weed that reproduces like crazy and can wreak havoc on your property value, as well as any structures it comes into contact with. Luckily, now you can have a FREE AND WITHOUT ANY OBLIGATION survey about the knotweed on your property and learn more about the invasive species. Click here to sign up for the free knotweed survey today!

https://japaneseknotweedagency.co.uk/admin/public/enquiry_form/jkwa-web

What is Japanese Knotweed?

Knotweed is ranked towards the top end of the World’s Most Invasive plant species and should not be underestimated on what adverse effects it can have on your property.

Japanese Knotweed spreads very fast and grows at a rapid pace throughout the summer months in the UK and can exploit all types of land and terrain and even grow through tarmac, brickwork, walls, drains, sewers, cavity walls and literally anywhere it can exploit to will do so.

Knotweed is said to affect 950,000 houses across the UK and can significantly reduce the value of your property, cost thousands of pounds to treat, can stop house sales dead in their tracks, can leave you open to litigation if it spreads from your land on to another person’s land and cost you tens of thousands of pounds.

The good news is that if it is coming from another person’s land such as railway, council land, commercial land and so on, you can typically recover all of the costs of treatment and insurance plus recover a significant cash sum to cover any devaluation of the property value.

How Can I Tell If I Have Knotweed?

You can visit our Seasonal Gallery on the below link and make yourself aware of how Kno0tweed looks throughout the seasons.

https://japaneseknotweedagency.co.uk/jkw-gallery/

How Much Is My Property Worth with And Without Knotweed?

In the very best circumstances devaluation can be 5% of the property price, so £150,000 property value will have a minimum loss of £7,500 – plus the cost of a treatment plan and 10-year Insurance Backed Guarantee.

Where Knotweed is identified to be a fair infestation, and may be evidence of it growing in drains, sewers, close to the property or inside the property, the valuation will decrease significantly. Some severely affected properties have seen a 100% devaluation because of the extreme growth and other factors such as access to be able to treat and so on.

The Knotweed will only get worse, so you need to act fast if you think Japanese knotweed is on your land. In most cases you should be able to recover all costs and get compensation.

How Do I Remove the Weed from My Property?

A specialist treatment firm will typically attend at least once every 3 months and treat the weeds by injecting the stems of every plant again and again, and this will go on for at least 3 years, followed by a 2 year observation by the homeowner.

Once treatment starts, you should then be covered with a 10-year Insurance Backed Guarantee, so if it does come back after the 3-year treatment, your insurance will cover any additional treatments required.

What Should I Do Next?

Request your FREE and WITHOUT OBLIGATION SURVEY TODAY

Your survey will highlight the locations of the crowns of Knotweed and where it is coming from and spreading to; it’s direction of growth and travel, and serious issues, age, and lots more, to give you 100% expert, factual information inside an extensive written report bespoke for your property, and will include a full quote for treatment and an Insurance Backed Guarantee.

How do I get a FREE Survey?

It’s simple and straight forward, just click the link below, enter your details and then check your email for the enhanced form.

We check the completed form first to ensure it is Knotweed that is present so we don’t waste your time or ours. Once we identify the Knotweed, we will arrange a surveyor to attend, and you’ll then get a full copy of the report and then decide how best to proceed.

https://japaneseknotweedagency.co.uk/admin/public/enquiry_form/jkwa-web

We all know that Japanese knotweed can be pretty destructive, especially if it’s allowed to grow out of control and invade the landscaping of neighbouring properties. But how much does this invasive species affect property values in general? And why does it have such an impact on home valuations? Let’s take a look at how Japanese knotweed devalues property and how to deal with it in your own backyard.

What is Japanese Knotweed?

Japanese knotweed is a type of weed that can have negative effects on land, property and surrounding areas. The weed spreads quickly and can even damage properties in which it grows. It’s important to understand how Japanese knotweed will devalue your home before you decide to purchase a new home with it on.

Japanese knotweed (Reynoutria japonica) has been dubbed the worst weed in the UK by the Royal Horticultural Society, owing to its tenacity and the difficulty of eradicating it once it takes hold in a garden or property. Not only does it pose an aesthetic problem, but it’s also responsible for devaluation of properties when real estate prices are assessed to factor in its presence as either a potential risk or actual threat to nearby homes and buildings. This article explores how Japanese knotweed causes property devaluation and what can be done about it…

Signs of Japanese knotweed

Japanese Knotweed is quite distinctive and easily recognised once you’ve seen it once, you can pretty much identify it at all times. Knotweed has a distinctive rounded heart shaped leaf and thick stems that typically grow 6 inches per day in the UK throughout the summer.

You can check our Gallery through the seasons to see what the invasive weed looks like all year round:

https://japaneseknotweedagency.co.uk/jkw-gallery/

Why it’s important to get rid of it

Although knotweed can’t cause any direct harm to your health, you may want to keep it away from your home if you care about how much your house is worth. According to a study published in 2013 by Nottingham Trent University, knotweed infestations can reduce a property’s value by as much as 15 percent. Depending on the size of the infestation and its proximity to buildings, it could render a property unsellable.

Knotweed will only keep growing and spreading so to ignore it could be extremely detrimental to your property and your pocket. If you allow Knotweed to spread from your land to a neighbour’s land or into the wild, it is a criminal offence and can carry a heavy fine and you could also end up with a claim against you which could run into tens of thousands.

How to get rid of it

Because Japanese knotweed can be difficult to control, chemical treatment will be necessary. Several specialist herbicides are available that work well with Japanese knotweed, such as glyphosate (Roundup), triclopyr (Weedol), imazapyr (Pursuit) and aminopyralid (Milestone). These are systemic herbicides, meaning they need to be taken up through plant roots or stems to have an effect; cutting them down will not help. A specialist treatment firm knows how to do this properly and it usually takes a visit every 3 months for 3 years to get a full treatment delivered.

An Actionable to Do List

First thing is getting your Knotweed formally identified by the Japanese Knotweed Agency, and where positive, request a FREE Onsite Survey and you’ll get a full report to show the locations of the crowns, age, route of growth, lots more information and a quote for a treatment plan that comes with an Insurance Backed Guarantee.

https://japaneseknotweedagency.co.uk/free-japanese-knotweed-survey/

If you’ve found Japanese knotweed growing on your property and don’t want it there, you may need to take legal action against the owner of the land where it has grown. This guide will teach you how to claim Japanese knotweed as trespass, so you can get your property back to full health and full value.

What is knotweed?

Knotweed or Japanese Knotweed is an invasive plant species which was brought to the UK in the early 1900’s as a decorative plant, unbeknown that it spreads like wildfire and can cause damage to property and amenities. Knotweed ryzomes (root system) and root growth can grow vigorous and can even grow through tarmac, concrete, water pipes, sewer pipes and can get into property foundations and cause havoc.

Knotweed can grow up to 8 inches a day in the summer and grow as tall as 12 feet high. The stems grow thick like bamboo and small stems grow from the main stems and grow a thick bush of leaves and even flowers through August and September.

What does trespassing mean?

If something from another person or property comes on to your property or land without your knowledge or consent, that is considered to be trespass. The fact that Knotweed has come from another parties land on to yours, and causes devaluation and other problems and can cost you money to put right, this is a recoverable trespass issue.

What are the options to resolve this issue?

If Knotweed is coming from a neighbour, the best approach in our opinion is to speak with your neighbour and try and get an amicable solution between you both. A survey and treatment plan with an Insurance Backed Guarantee will ultimately help both of you. If the Knotweed can be seen to be coming from your neighbour to your land quite obviously, your neighbour may agree to pick up all the costs. This is something hopefully as neighbours you can sort out.

If your neighbour doesn’t listen to your friendly request, you should put it in writing and allow them a small amount of time to get some resolve. Knotweed will only grow and spread if it is left and that will be worse for everyone.

If the Knotweed is coming from a commercial neighbour like the railway or council land or a commercial enterprise, report it formally so you have a record. Many times we see that although reported, the commercial entity doesn’t take it seriously enough or carry out proper treatment, then the problem again will only worsen.

The fact that Knotweed will not go away on its own, and a typical treatment plan with an Insurance Backed Guarantee can cost a few thousand pounds, you need to ask yourself should you pay for it if the neighbour is at fault? Then you need to think about any damage to your property and any devaluation because of the presence of Knotweed, and ask if you are happy with that or want to take action to protect your own asset.

If you decide to make a claim against the neighbour land owner, you can typically do this on a No Win No Fee. You should be able to recover the full cost of a treatment plan and force your neighbour to treat the Knotweed on their land to ensure it doesn’t come back again. You should also be able to claim the cost of the Insurance Backed Guarantee, and cash compensation for the devaluation of your property because of the presence of Knotweed. This may be an average of 10% of your property value, so a £200K property should start a claim for £20,000 plus treatment plus guarantee and maybe some additional compensation for inconvenience.

Which option should I choose?

The choices are really down to you. As your house and property is usually your biggest asset, it is important that you take this seriously and probably that you seek expert legal support to ensure you are fully protected.

How much will it cost me?

Japanese Knotweed Agency offer a FREE – WITHOUT OBLIGATION On-site Survey anywhere in England & Wales, which will give you all of the information you need to make a decisive way forward. The Survey Report will give you information on where the Knotweed has travelled from, its age, all identified crowns and growth areas, any potential damage caused by the Knotweed, and will also report on up to 58 other invasive weeds if any of those are present.

Your Survey Report will also come with a full quotation for treatment and a 10-year Insurance Backed Guarantee that if any Knotweed comes back after the treatment and within 10-years, it will get treated for free under the guarantee.

The Survey and report are 100% FREE and WITHOUT OBLIGATION

With that information you can then decide how to proceed and whether to move forwards with any legal claim. The options are then yours with detailed information at hand.

Request your FREE Onsite Survey here:

https://japaneseknotweedagency.co.uk/free-japanese-knotweed-survey/

When should I claim Japanese knotweed as trespass?

As above, if you are friends with your neighbour and the Knotweed is coming from their land to yours, it may be best to speak together and try come up with an agreement.

If the neighbour doesn’t take notice or take action, the Knotweed will only get worse week by week, so you shouldn’t wait too long before taking action, whichever route you choose.

According to some reports, homeowners are not aware of their legal responsibility to stop Japanese Knotweed spreading. Only 36% of them know they can be sued and only 18% are aware that they could face criminal prosecution. Japanese knotweed should not be ignored. This page contains information that will help you understand the laws regarding Japanese knotweed.

Japanese Knotweed can grow in the garden of a landowner’s property. He should take every precaution to prevent the invasive weed spreading to neighbouring properties. If this fails, he could be held liable for any damage that was caused by the encroachment. If the knotweed is growing on your property, the landowner could be held responsible.

Give Notice to Your Neighbour

If you want to sue your neighbour, you should give the person or organization responsible for the adjacent land the chance to address the nuisance (knotweed) unless it has been there for quite some time and must be obvious that they are already aware. You should notify your neighbours as soon as possible. Also, make sure you specify what actions you want the landowner to take.

You should ask your neighbour to treat knotweed on their property as well as on theirs. Ideally, the remedy they choose should also include a guarantee. You should also include a description of the possible consequences for them if they ignore the notice. If the knotweed is from commercial land or infrastructure like Council or Network Rail, they are more than likely already aware.

Unreasonable Conduct

A Community Protection Notice (CPN), which can be used under the Act, can be used to order someone to stop or control the growth of Japanese knotweed and other plants that could cause serious problems for communities. The conduct of an individual or body must have a negative effect on the quality or life of others in the area. Section 57 of the Act defines conduct as “a failure to act”. CPNs could be used to force someone to stop or control the growth of Japanese knotweed, or other plants that can cause serious harm to communities.

Fixed Penalty Notice

If an individual or organization isn’t controlling Japanese knotweed, or any other invasive plant, and it could reasonably be expected that they would, the CPN could then be used. A mandatory written warning must be served before the CPN can be used to force them to cease their anti-social behaviour. A community protection notice violation without reasonable excuse would be considered a crime and subject to a fixed penalty. A summary conviction would result in a fine of not more than PS2,500 for an individual. A fine of not more than PS20,000 is possible for an organisation such as a company.

Paramount Knotweed Management Plan

Knotweed is not a reason to deny a mortgage application. Instead, it should be considered on a case-by-case basis. A suitable Knotweed Management Plan must be presented. It can be shocking to discover that your property has knotweed or that your property is infested. However, there are ways to control the infestation. The Knotweed Management Plan is the key.

Legal Rights Against Misrepresentation

Japanese knotweed is a serious problem in the country. The seller must disclose this information to you when buying a house. If the Japanese knotweed is present in a property you’ve purchased, you may sue the seller.

Property value loss

Knotweed infestation can cause property value loss. If a property is found to be infested with Japanese knotweed or Japanese knotweed within 7 metres of the property, it will make it extremely difficult to obtain a mortgage.

A property that is affected by Japanese knotweed loses its value, regardless of whether it is within their boundaries or within 7 metres. This is known as diminution of value. It may be possible to include a claim of diminution in any settlement if you succeed in bringing a Nuisance Claim on a defendant.

Professional Negligence

If you paid for a professional inspection of your property, and the surveyor failed to notice the Japanese knotweed, then you could file a claim for professional negligence against the surveyor. You can file a claim if you can prove that the surveyor should’ve noticed the Japanese knotweed.

The property industry is being hit with problems caused by Japanese knotweed. In just 10 weeks, it can grow 10 cm per day and can reach a height of 3-4 meters. It is illegal for someone to cause or allow the invasive plant spread onto another property.

A new study has shown that the UK has seen an astonishing 28% increase in Japanese knotweed cases in the last five years.

The results of analysing 29,536 confirmed cases of Japanese knotweed in the UK from 49 environmental organizations including National England, Environment Agency and National Trust were reached. The Japanese Knotweed Agency has also started a National Register for England and Wales.

It is extremely difficult to remove the underground roots of this plant. The nationwide treatment of the invasive plant may take up to three decades.

Ask your surveyor to check for Japanese knotweed or other invasive plants when you hire them as a consultant for your new home purchase.

This is particularly important if your property borders an existing or old railway line or is near a river, canal, or stream, Council land or commercial property.

Horticulture conducted a YouGov survey previously to learn more about the plant’s impact on the property market.

According to the YouGov survey, 4/5 of UK homeowners said they wouldn’t buy a house with Japanese knotweed. Just under half of those who said they would still buy the house agreed to lower the price at least 10%.

Many homeowners are not familiar with the plant, according to the survey. The reason is that only half of respondents could identify Japanese knotweed using a selection of photographs.

Questions remain about the government’s response to Japanese knotweed.

A national eradication program was proposed in 2015, but it was rejected by the government due to the staggering £1.5 billion cost.

Due to the current year’s weather, Japanese Knotweed is fast-growing and an invasive plant. This causes homeowners more problems than ever.

Its wet and frosty spring was followed by sunshine and dry weather earlier in the year. Experts are anticipating a rise in Japanese Knotweed incidence, which is already flourishing and growing rapidly.

Buyers and sellers must realise that there is a real possibility of an infestation or evidence of it in their property. This could cause a property to be unable to sell or stop selling.

Japanese Knotweed is a legal requirement for home sellers. The TA6 Property Information Form is used to notify buyers about any negative aspects affecting their home. It also includes a question pertaining Japanese Knotweed.

It is difficult to get a mortgage for a property that has Japanese Knotweed or had it in the past. Many home insurance policies won’t cover Japanese Knotweed. They also won’t cover damage to neighbouring properties or the cost of removing or eliminating the plant.

Japanese Knotweed is classified as a controlled waste under the Environmental Protection Act 1990. It can grow up to 20cm per day. If it is not controlled, its roots can reach deep into foundations and cause damage to walls and drainage systems.

It must be removed and disposed of by an expert. The cost will vary depending on how large the infestation is.

For homeowners, the only way to protect against any damage or remediation caused by Japanese Knotweed in their home is to purchase a Japanese Knotweed-specific insurance policy.

Japanese Knotweed is a contentious plant that can depreciate the value of a property and cause conflict between neighbour’s. The invasive plant is known for spreading quickly and for monopolising gardens. Knotweed grows in large patches that can quickly push out any other competing plant life. Thankfully, Japanese Knotweed is easy to identify, so homeowners can waste no time in getting a treatment plan in place to get rid of the plant.

Although there is plenty of discussion regarding how Japanese Knotweed spreads, and what to do if you’ve bought a property with Knotweed, how this plant first got to the UK is not usually discussed. Japanese Knotweed’s history is an interesting one and can help give insight into why it has flourished so well in the UK and what lessons can be learned when dealing with invasive plants in the future.

Where is Japanese Knotweed originally from?

Japanese Knotweed is originally from Japan and is also native to China and Korea. The plant is one of many species of plants that have been discovered to be growing on the side of volcanoes. In its native land, Japanese Knotweed can reproduce naturally and also benefits from a prodigious underground system of rhizomes. In its native environment, Knotweed is kept in check by natural predators in the form of fungi and insects, not to mention other plants and an environment that can be much more hostile than the United Kingdom.

The plant was originally discovered by Dutch naturalist Maarten Houttuyn in the 18th-Century, he named it Reynoutria japonica, a name which it still goes by today. Unfortunately, the records of this original discovery were lost for some time, so when more European botanists started exploring Japan some 150 years later, the plant was rediscovered and given a new name by a Bavarian botanist, Phillip von Siebold. Siebold and his partner Zuccarini, named the plant Polygonum cuspidatum. It wasn’t until the turn of the 20th century that a Japanese botanist by the name of Makino, discovered that Houttuyn and Siebold’s plant were one and the same.

Who brought Japanese Knotweed to the UK?

Philip von Siebold brought Japanese Knotweed to the UK in 1850, unaware of the impact that it would go on to have on the environment. At the time, botany and the cultivation of plants was a popular interest of the upper classes. Botanist like Siebold would be able to fund their research trips by sending their discoveries back to nurseries on the European continent, where they would then be cultivated and sold onto commercial nurseries or botanical gardens around the world.

Why was Japanese Knotweed imported to the UK?

Japanese Knotweed was imported to the UK for commercial sale and botanical cultivation. Over the time that he spent in Japan, Siebold collected and recorded over 1,000 different plants, often choosing to plant them in the garden behind his research base on Dejima, an artificial island near Nagasaki. Periodically, Siebold would box up a number of samples and send them back to his home in the Netherland. From their new home in Leiden, these plants would be carefully grown and the packaged up for botanical gardens in Belgium and Britain, with an unmarked box containing Japanese Knotweed arriving at London’s Kew Gardens in 1850.

Kew Gardens often relied on these boxes of new plants to keep their own collections diverse and interesting for visitors. After discovering how quickly the plant could grow in Britain, the horticulturists there recognised Japanese Knotweed as a plant that could be easily cultivated and sold on to budding gardeners. Soon the plant was being distributed to garden nurseries around the country and then shared in cuttings by enthusiastic gardeners. In addition to being intentionally spread by people, the plant also began to spread by its own means, populating river banks and finding new routes to the rest of the country along roads and newly built railway lines.

Where does Japanese Knotweed grow in UK?

Japanese Knotweed now grows in almost every area of the UK. The plant was given free rein to spread throughout the country for over a hundred years before being recognised as invasive by the government. By the time Japanese Knotweed was identified as an invasive threat in 1981, it had already been spread by gardeners, dug up and transported by urban development projects and even used to stabilise soil on the sides of railway lines.

The plant is frequently found growing alongside public watercourses such as canals, as well as near railway lines, motorways and public footpaths. Japanese Knotweed thrives in most conditions in the UK and is often found growing on land that has been abandoned or left unattended. For this reason, large infestations can often be discovered in overgrown back gardens, or on abandoned industrial sites.

How common is Japanese Knotweed in the UK?

Japanese Knotweed is a very common sight in the UK. Since the government has made the spread of Japanese Knotweed a more pressing concern, efforts have been made to track where it has been growing throughout the country. Using these statistics, it’s been possible to recognise the areas of the country that have been most affected by Japanese Knotweed. Bolton, Bristol, Conway, Rotherham and Nottingham are areas in the UK that have been affected the most, however exact numbers are difficult to assess

What do I do if I find Japanese Knotweed?

If you find Japanese Knotweed it’s important to ascertain where the plant has come from and to what extent the plant affects your property. You may want to consider contacting a Japanese Knotweed specialist to make a positive identification before you move forward with talking to any neighbour’s who might also have the plant on their land. Ignoring the infestation is not advised, as the plant can quickly multiply, leading to a larger problem to deal with and potentially more costs, if you find that it’s not possible to claim compensation for the cost of treatment.

If you think you’ve found Japanese Knotweed and would like some advice on what to do next, then you can contact us by calling freephone 03335 777 888 or send us a message using the contact form on this page.

Polygonum bidwelliae

Japanese Knotweed can have a negative impact on the value of your property, not to mention causing conflict between neighbour’s and causing stress in your day-to-day life. Discovering a Japanese Knotweed infestation can also lead to some very expensive costs, which many might wish to alleviate by relying on their home insurance. Unfortunately, making a claim on your home insurance after discovering Japanese Knotweed is not always straightforward, or even possible, in some cases.

Does house insurance cover Japanese Knotweed?

Most house insurance policies will not cover losses incurred as a result of Japanese Knotweed. However, there are some exceptions to this rule, such as if the plant has caused subsidence, or if it has spread from a neighbouring property. Having Japanese Knotweed on your land also might prompt other questions, such as how it could affect your premiums and if your insurance might cover the legal costs of a Japanese Knotweed claim made against you.

Will my insurance provider pay for treatment of Japanese Knotweed?

Home insurance providers will not pay for treatment of Japanese Knotweed. If you have discovered the plant on your land and can prove that it has either entered from a neighbouring property, or the seller has lied about the Japanese Knotweed, then you may be able to claim compensation to cover the cost of damages.

Am I covered for damage caused by Japanese Knotweed?

Standard house insurance policies do not typically cover the costs related to repairing the damages caused by Japanese Knotweed growing on your land. However, in the case that the Japanese Knotweed has caused structural damage to your home, like subsidence, you may be able to claim for damages. Although, successful claims are only likely to be made when you can prove that you have taken reasonable steps to eradicate the Japanese Knotweed before the subsidence took place.

This is a good example of how important it is to not delay dealing with a Japanese Knotweed infestation, doing so can result in serious repercussions such as the above, as well as the potential legal implications of allowing the plant to spread to a neighbouring property.

Will my insurance cover Japanese Knotweed from a neighbouring property?

Depending on your policy, your insurance may cover the cost of repairing damage caused by Japanese Knotweed entering from a neighbouring property. In this circumstance, your insurers may seek to pursue your neighbour’s for the costs related to the damage to the property.

Will my insurance cover legal expenses if my neighbour claims for Japanese Knotweed damages?

Your insurance policy might cover the cost of legal expenses in the event that your neighbour attempts to claim for compensation for damages caused by Japanese Knotweed entering your land.

It is against the law to allow Japanese Knotweed to spread from your land into a neighbouring property, regardless of if it’s publicly or privately owned. If your neighbour can prove that you have allowed the plant to spread into their land then you could be found liable for the loss of value of the property, as well as any treatment costs that the infestation might have incurred.

In most cases, you are able to add-on legal expenses insurance on to your standard home insurance policy. You may wish to assess the fine print in your current policy if you’re worried that you might not be covered for this eventuality.

Do I need to inform my insurance provider that I have Japanese Knotweed?

You do not need to inform your insurance provider about the Japanese Knotweed on your land. In the event that you find Japanese Knotweed on your property, you should do as much as you can to prevent it further spreading and causing damage to your property. If you fail to do this, your insurance provider may decline a future claim for damage caused by subsidence, on the grounds that you have acted negligently in not treating the problem sooner. In the eventuality that you are directly asked about the presence of Japanese Knotweed on your property by your insurance provider, you must be honest with them.

Can I get house insurance if I have Japanese Knotweed?

You can still get house insurance if you have Japanese Knotweed on your land. As standard house insurance policies do not tend to cover the costs of removing Japanese Knotweed or the damages caused by the plant to the property insurers are not likely to take this into account. However, in the case that you are directly asked about having Japanese Knotweed, it’s recommended to answer honestly and openly.

Will having Japanese Knotweed affect my house insurance premiums?

Having Japanese Knotweed shouldn’t affect your home insurance premium. Most standard house insurance policies will not cover the removal of Japanese Knotweed, or repairs to anything damaged by it. As such, your discovery of the plant, whether or not it has originated on your land, should not affect your premiums.

However, in the case that you plan on claiming for damages related to subsidence caused by Japanese Knotweed, you will likely find that your premium will increase. Don’t forget that, in the event that you do make a successful claim, you will also have to pay the excess laid out in your policy. Claiming for subsidence cover can also negatively impact your ability to get insurance cover for subsidence in the future, as your home will have been flagged as high-risk by the insurance companies.

What insurance do I need to cover me against Japanese Knotweed?

Since 2015, it has been possible to buy specific Japanese Knotweed insurance which covers the cost of removing the plant, and the potential costs related to claims against you, as a result of the Knotweed spreading to a neighbouring property.

A Japanese Knotweed indemnity insurance policy will cover the costs of treating and removing the infestation, in addition to preventative insurance-backed measures to stop the plant from returning. The policy should also cover the cost of a Japanese Knotweed survey, as well as any reparation costs in relation to damages to the property and legal expenses paid for as a result of claims made against you. These policies were created with the intention of easing the conveyancing process, in cases where homes have been affected by the plant.

Japanese Knotweed insurance policies are usually for 10 years, with the limit of indemnity being based on your property’s market value, offering valuable protection to both you and your mortgage lender. It should be noted that these Japanese Knotweed indemnity policies are only available for residential properties where the presence of the plant is not known, or if treatment has taken place to the satisfaction of the mortgage lender.

Too little, too late?

Unfortunately, Japanese Knotweed indemnity policies, such as the above, have not been advertised to their full extent, so for many, the discovery of them will be a case of too little, too late. If you’ve found Japanese Knotweed on your land, and have found that your insurance does not cover the costs of repairing damages or removal, then you may be able to seek compensation against the seller of the property or even the persons or organisations who have allowed the plant to spread to your land.

Get in touch with us by sending a message using the contact form, or calling us freephone 03335 777 888

espite Japanese Knotweed having made a significant impact on the property industry in the last decade, there are still cases where surveyors miss this invasive plant whilst conducting mortgage evaluations, Home Buyer Reports and RICS Building Surveys. In many of these scenarios, buyers are left in a precarious place, having already invested hundreds of pounds into the home buying process and often reaching the point of no return before making the discovery of an infestation.

The following guidance is intended for those who have discovered that their surveyor has missed Japanese Knotweed:

Do surveyors look for Japanese Knotweed?

RICS qualified surveyors are trained to look for large masses of vegetation that could signify an invasive plant infestation. A professional surveyor is expected to keep up to date with ongoing development in their industry, which includes the common risk factors that could point to a Japanese Knotweed problem. The RICS have laid out an assessment framework in their resource materials for Japanese Knotweed which includes pre-inspection checks of the local area, an inspection of the property itself and even inspection of neighbouring communal areas.

The RICS notes pertaining to Japanese Knotweed lay out four distinct categories that property surveyors can use to inform their process. It’s important to note that each of these categories refers to the Japanese Knotweed being within 7 metres of either habitable spaces, buildings or boundaries. This ‘7-metre rule’ is based on the assumption that Japanese Knotweed has the capacity to grow up to 7 metres underground from the point that it can be spotted on the surface. This rule has come under scrutiny by the government who have suggested that it has been misused within the property industry, however, it has yet to be replaced by the RICS.

The four categories are ordered here in descending order from most severe to the least:

4: “Japanese Knotweed is within 7 metres of a habitable space, conservatory and/or garage, either within the boundaries of this property or in a neighbouring property or space; and/or Japanese Knotweed is causing serious damage to outbuildings, associated structures, drains, paths, boundary walls and fences and so on. Further investigations by an appropriately qualified and/or experienced person are required.”

3: “Although Japanese Knotweed is present within the boundaries of the property, it is more than 7 metres from a habitable space, conservatory, and/or garage. If there is damage to outbuildings, associated structures, paths and boundary walls and fences, it is minor. Further investigations by an appropriately qualified and/or experienced person are required.”

2: “Japanese Knotweed was not seen within the boundaries of this property, but it was seen on a neighbouring property or land. Here, it was within 7 metres of the boundary, but more than 7 metres away from habitable spaces, conservatory and/or garage of the subject property.”

1: “Japanese Knotweed was not seen on this property, but it can be seen on a neighbouring property or land where it was more than 7 metres.”

In the case where the surveyor deems the infestation to be of a category 3 or 4, then further investigations should be undertaken by an ‘appropriately qualified and/or experienced person’ in order to create a ‘management plan’. In the case where the infestation is classed as a category 1 or 2, the surveyor will decide if further investigations are warranted, depending on their client’s requirements and on their own professional judgment.

Should an RICS survey pick up the presence of Japanese Knotweed?

Whether or not a particular survey will identify Japanese Knotweed will depend on the type of survey that has been commissioned, the scale of the potential infestation, the professionalism of the surveyor and also the extent to which the owner of the property has attempted to conceal the plant.

Not all surveys are created equal. The RICS has a few different types of surveys which cover a range of budgets and scenarios. The cheapest of these is the RICS Condition Report, which costs around £250 and is intended to provide basic information regarding potential legal issues and any urgent problems that the property faces. In the RICS’ words, the visual inspection of the grounds is a ‘relatively cursory’ part of the process, however in cases where the surveyor is aware that there is a greater risk of Japanese Knotweed then this may require ‘particular attention’ on the part of the surveyor. Whilst the RICS materials do say that a client should purchase a Home Buyer Report or building survey if they wish to have ‘greater assurance’, this does not excuse a surveyor from completely missing Japanese Knotweed in their survey.

Should a mortgage valuation pick up Japanese Knotweed?

A mortgage valuation is not always guaranteed to pick up the presence of Japanese Knotweed. A mortgage valuation survey is paid for by a mortgage lender or bank in order to verify that the amount of money that they’re planning on lending is in accordance with the value of the property in question. A valuation is intended to satisfy the mortgage lender, as such, it will not single out any structural issues, or repairs that will need addressing before a purchase is made. Although the prospective buyer is usually expected to pay for the valuation, a surveyor might not focus their attention on the land surrounding the property.

How can a surveyor miss Japanese Knotweed?

Surveyors can miss Japanese Knotweed on a property for a number of reasons, not all of which suggest that they have acted negligently. Homeowners can often act fraudulently when attempting to sell a property infested with Japanese Knotweed, relying on cheap tricks to hide their infestation in order to push the sale through expediently. A property owner could choose to conceal the Japanese Knotweed by burying shoots in the spring with wood chips or topsoil. They might also choose to hack away any evidence of the plant above the surface and fly-tip the evidence.

DIY attempts at treating Japanese Knotweed can lead to deformed or sparse growth which may lead surveyors to miss the infestation altogether, or mistakenly identify it as another plant. Similarly, if the homeowner has paid for a professional removal service then the Japanese Knotweed might have entered into a dormant phase, where it might remain below the surface for years – completely undetectable to anyone.

In cases where property developers have built on land with Japanese Knotweed, the infestation might have been dispersed into the earth that your home has been built on. As Knotweed rhizomes can grow from a thumb-size piece into a full-size plant given enough time, a surveyor could easily miss the plant if it is still growing underneath the ground.

What happens if a surveyor missed Japanese Knotweed growing on a property you wish to buy?

If a surveyor missed the presence of Japanese Knotweed on a house before a purchase is made then the prospective buyer will be unable to rely on legal action to claim back any expenses that might have been accrued leading up to the discovery. Although the potential buyer might have already invested money in seeking a valuation and surveying the property, not to mention spending resources setting up the sale of their own home, unless a contract has been signed, they won’t be able to claim these expenses back from the negligent property surveyor.

What if you buy a house and then discover that the surveyor missed Japanese Knotweed on the land?

The discovery of Japanese Knotweed on a property can lead to the home being devalued by as much as 5% and can sometimes result in a mortgage lender or bank refusing to lend. A surveyor missing Japanese Knotweed can lead to sales falling through and thousands of pounds being wasted. If a Japanese Knotweed infestation is discovered on a property after a Home Evaluation Report or RICS Home Buyer Survey has said otherwise then the buyer may be able to bring legal action against the surveyor for professional negligence.

Can I sue my surveyor for missing Japanese Knotweed?

It is possible to sue a surveyor for missing Japanese Knotweed, in the event that the sale has of the house has gone through and it can be proved that the surveyor has acted negligently. Courts or tribunals will refer to the resources supplied by the RICS in order to determine whether or not a surveyor has acted negligently in missing Japanese Knotweed. In assessing each case attention will be paid to the lengths that the surveyor went to survey the property, the context surrounding the property, whether or not there’s Japanese Knotweed in neighbouring properties and any notes or recommendations that the surveyor might have made at the time of the survey.

Do surveyors have a duty of care to potential buyers?

According to the RICS Rules of Conduct, all members are required to carry out their work with ‘due skill, care and diligence and with proper regard for the technical standards expected of them’. , In addition to upholding the professional standards expected of them, all surveyors are required to maintain their professional competence by staying up to date with developments in their industry. Surveyors have a duty of care to both the lender and the homebuyer, regardless of if the owner has attempted to hide the infestation. Whether or not a surveyor is deemed to have properly performed their duty of care will depend on the context of the given case, including the type of survey that was ordered and the nature of the property.

Is there precedence for buyers suing surveyors for missing Japanese Knotweed?

In May 2019, Paul Ryb was awarded £50,000 after his RICS Level 3 Building Survey failed to pick up the Japanese Knotweed that was growing in the garden of his ground-floor London flat. Being partially sighted, Mr Ryb was relying completely on the professional opinion of the property surveyor who completely missed the plant on his survey of the building. The £50,000 awarded to Mr Ryb reflected the reduction in value of his £1.2 million home, in addition to the thousands of pounds that he was forced to spend on excavating the infestation. Mr Ryb was also awarded £90,000 to cover the costs of his legal fees.

Call us today on freephone 03335 777 888 or send us an enquiry using the contact form to see if we can help you with your Japanese Knotweed problem.