We have a lot to thank the Victorians for; sewers, the bicycle and classic literature to name but a few. However, there is also one plant in particular that conveyancers and home owners alike don’t thank them for; Reynoutria Japonica, or to give it its more common name, Japanese Knotweed.

The Japanese Knotweed was brought to Europe by the German adventurer Phillpp Franz von Siebold who transported the plant from a volcano in Japan to the Netherlands. It became highly prized, winning gold medals in gardening competitions, was the subject of many paintings and the who’s who of everyone wanted one in their garden. The plant was quickly traded around Europe and used for decorative purposes.

However, not long after planting, the issues with Japanese Knotweed became apparent. It quickly spread and strangled neighbouring plants by taking their light and nutrients. Now outside of its native country Japan, with no natural competitor, it grew at an astonishing pace and to some unfortunate gardeners, became almost uncontrollable.

Japanese Knotweed is highly invasive and will take root in the smallest of cracks and holes. As such, it is dangerous to properties, as it has been known to burrow into foundations and walls, causing structural damage. It has also been known to appear through cracks in tarmac, paving and decking. Its roots can span up to 7m out from the initial flowering location, so even if the plant is on the other side of a neighbouring property’s fence, your property still may be at risk.

It can be difficult to spot due to its cyclical growing nature. The plant will appear in spring, as red stalks, pushing through the ground. In the summer, it can grow up to 10cm a day whilst blooming large leaves and white flowers and in some cases reaching 3m tall. Over the autumn and winter, the plant will appear to die, losing its leaves and flowers. This can lead some unsuspecting homeowners to believe that the problem has gone away it is simply conserving itself for Spring, when the cycle will start over again.

Understandably, some lenders are reluctant to lend on property which is affected by Japanese Knotweed. It is therefore vital that surveys are carried out by a suitably qualified surveyor and if there is a suspicion of Japanese Knotweed, an expert in the plant.

Property Information Form

Purchasers should first see the Property Information Form, which contains information based on Japanese Knotweed questions. A seller has 3 choices to make when asked if the property is affected by Japanese Knotweed, ‘Yes’, ‘No’ or ‘Not known.’

Sellers are advised to answer ‘Yes’ if they know that the Property is affected by Japanese Knotweed. This means that it is on their land, or even it is on a neighbouring land as it could still be affecting their own property. Sellers should answer ‘No’ if they are certain that both their property and neighbouring land is unaffected by the plant. This could have repercussions for a seller if it later was discovered that there was Japanese Knotweed present, whether they intentionally misled the buyer or not. Perhaps the safest option for a seller, and one which a purchaser should be wary of is ‘Not known.’ A seller should answer this is they do not know whether their property may be affected by Japanese Knotweed or similarly, a neighbouring property. This absolves them from liability and inspections, placing the onus on the buyers to carry out adequate inspections. Of course, if a seller does know about the presence of the plant, they cannot then answer ‘Not known.’

Is it an offence to have Japanese Knotweed on your land?

It is not an offence to have Japanese Knotweed growing on your land. However, it is an offence to allow Japanese Knotweed to escape from your land and to fail to keep it under proper control. Criminal sanctions can follow if reasonable care is not taken. Therefore, if Japanese Knotweed is present on your land, a management plan will need to be drawn up by a specialised company and this should be acted upon immediately.

Sellers should ensure that they are acting on the plan, and that this is fully disclosed to the purchaser. Purchasers are advised to ensure that such a plan is in place, and to ensure that the seller has acted to keep up to date with the plan. They should also acknowledge that once they buy the property, responsibility for complying with the plan will pass to them.

Lenders

If a mortgage lender is involved in the transaction, your conveyancer will, in most instances be duty bound to report the presence of Japanese Knotweed to them in order to check that it will not affect the valuation or their decision to lend. If specialist reports are required by the lender, these will need to be arranged, with the results forwarded on to them.

Can Japanese Knotweed by eradicated?

It can, but it is very difficult to do so, hence the reason it is often managed. If it is removed, it is often dug up. A company with a licence to handle the weed and dispose of it must undertake the works. If herbicides or chemicals have been sprayed on it, special measures must also be in place in relation to this.

We are here to help…

Overall, if you are buying or selling a property which you know, or suspect, may be affected by Japanese Knotweed, it is important that you tell your conveyancer immediately. Our skilled conveyancers here at Eaton Smith will take necessary steps and guide you through steps which should be taken regarding this.

Whilst this article does not constitute legal advice, it does give guidance on the risks posed by Japanese Knotweed and how to handle these when purchasing a property. Each case should be judged on its own merits, and so please speak to a solicitor or conveyancer prior to taking any action on Japanese Knotweed.

If you are looking to buy or sell a property, why not give our team of experienced and skilled conveyancers a call on 01484 821300 for a quote today.