In the Pre-Contract Enquiry form (TA6) there is a specific question asking the seller ‘if the property is affected by Japanese Knotweed?’. If the seller fails to disclose Japanese Knotweed or knowingly falsifies the non-presence of Japanese Knotweed to the buyer, a claim against the seller could be brought before the courts for ‘Misrepresentation’.
Japanese Knotweed can be aged by a specialist, very much like a tree specialist can age a tree by the number of rings in its centre. Knotweed can not only be aged, but the direction of travel can also be found by a specialist to ascertain just how it travelled and where from and when it started.