Japanese Knotweed

In conveyancing we are increasingly being made more aware of Japanese Knotweed. There are properties in the Doncaster area that have this problem. This green leafy plant is destructive, invasive and expensive to get rid of. In just 10 weeks the plant can grow up to 4 metres in height and the roots can spread to your property causing damage to the foundations and drains. Letting it spread can cause problems with neighbours and even lead to an Anti-Social Behaviour Order.

Spraying the weed with normal herbicide will have very little impact. Killing the plants can take many months and includes injecting the stems with weed killer. It can cost over £2,500 and take 6 months to treat just a small patch. There are various companies that specialise in the removal of Japanese Knotweed and guidance from the Environmental Agency is available.

For buyers the key is being aware. Surveyors are supposed to be able to identify Japanese Knotweed but, a buyer should always rely on their own inspections. If Japanese Knotweed is discovered a buyer's solicitor is obliged to inform the lender as this will affect the value of the property.

However, the presence of Japanese Knotweed does not necessarily mean that all mortgage companies will not lend. Lenders may impose further mortgage conditions such as evidence of a detailed management plan and a requirement that funds are set aside for the treatment.

For someone selling a property with Japanese Knotweed they are confronted with the question of whether the property has this problem in the Property Information form. Knowing the problems the plant can cause, a seller may be tempted to answer this question dishonestly and hope the surveyor misses it. That is a misrepresentation that is actionable and will almost certainly lead to court proceedings. Litigation is expensive and the cost of litigation is likely to be more than the cost of removing the problem.

So, while the removal of Japanese knotweed can be expensive, given the possibility of legal action, damage to your property and the effect on the value of the property, the best approach is to have the plant treated by a specialist company before coming to sell.