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Japanese Knotweed near me – what are the consequences?
MARK QUINN >
Consultant Partner
Tue 28 May 2024
We have previously written about Japanese Knotweed claims and the potential damage that can be caused as well as the potentially disastrous effect Japanese Knotweed can have on mortgages. We are also increasingly seeing how Japanese knotweed or bamboo near houses and residential property can lead to ever more litigation between neighbours.
In fact, following recent bouts of unusually warm weather, homeowners are being advised to be extra vigilant of Japanese knotweed on their properties. This obviously causes concerns for those homeowners who are unsure about what to do when selling a property where they suspect Japanese Knotweed has been. It also allows buyers to be more curious and to assert their rights post-sale, if it appears Japanese knotweed is on the property.
Given the potential damage and losses that can occur due to Japanese knotweed, often litigation may be the only route in order to recover the costs involved. Our experience in this area can lead to the most cost effective and beneficial resolution by bringing claims against neighbours and/or vendors.
TA6 form disputes and complaints
Just like the increased growth of Japanese knotweed plants, there could also be an upsurge in claims in this area. Vendors, in particular, could be left open to litigation as the TA6 form was updated in March 2024 (with the updated version to be used exclusively from 25 June 2024).
The new updated TA6 form refines the question related to Japanese knotweed and residential property to incorporate the area adjacent to or abutting the property. If a vendor chooses ‘No’ on the TA6 form, they must be certain that the Japanese knotweed is not present in the ground of the property or within three metres of the boundary to avoid a potentially costly claim in misrepresentation.
So, ticking the wrong box on the TA6 form could be particularly troublesome for a vendor. A Japanese knotweed case in 2023, for example, led to a vendor being ordered to pay hefty damages and costs, all related to the TA6 form being filled out incorrectly.
Japanese knotweed UK
For vendors and buyers alike, it is important to be wary of Japanese knotweed especially as this invasive species is widespread in certain areas across the UK. For example, Japanese knotweed near railways can be particularly prevalent and there have been numerous successful claims involving Network Rail as the defendant.
As a first port of call, correct Japanese knotweed identification is crucial. A Japanese knotweed map can give homeowners, vendors and buyers alike an idea as to what areas in the UK are particularly impacted.
Should you require further advice on Japanese knotweed UK law, or for assistance with encroachment of bamboo or Japanese knotweed onto your property, please get in touch. We also encourage you to contact us if you are suspicious that the TA6 form has been incorrectly filled out by the vendor after purchasing your property.
Contact Mark Quinn, Consultant Partner at our Peterborough Office on 01733 865136 or click the 'contact us' button at the top of this article.
