Japanese knotweed was originally introduced in the UK as an ornamental plant. It is a fast-growing plant that, if allowed to grow unchecked, can soon take over large swaths of land including gardens and brown field sites. The plant is not alone in gaining the ignoble status as an “invasive non-native species” although Japanese knotweed is the most well-known plant species. Other plants that have been identified by the Government as being harmful include the broad-leaved dock, curled dock, common ragwort, spear thistle and “creeping or field thistle”.
Clients may find that they have purchased a property (either commercial or residential) that is blighted by Japanese knotweed. The maxim ‘buyer beware’ (or “caveat emptor” in Latin) applies to property purchased in England and Wales which means that a buyer should investigate the property they are purchasing before parting with their money.
Despite the ‘buyer beware’ maxim there are strict rules in place regarding the sale and purchase of property where a property has a Japanese knotweed problem and we can assist clients who find that they have purchased a property that suffers blighting from Japanese knotweed. The treatment of the problem can be expensive and in some cases buyers only find out after completion that the property they purchased suffers from blighting. In these cases, the seller of the property may incur a civil liability for the loss the buyer suffers due to the buyer having to pay for the treatment of the invasive plant.
Civil liability for monetary loss can arise where a party has not been forthcoming with information on whether a property has a Japanese knotweed infestation. When buying a property (whether commercial or residential) the seller should disclose whether there is a Japanese knotweed infestation and whether steps have been taken for the treatment of the problem. The seller may be liable for monetary loss if they have provided inaccurate replies to pre-contract enquiries. In residential property transactions the question that covers Japanese knotweed is enquiry 7.8 of the Law Society Transaction Form (currently Form “TA6”) that asks the following questions of the seller:
“Is the property affected by Japanese knotweed?”
and
“If Yes, please state whether there is a Japanese knotweed management plan in place and supply a copy”
If the answers provided by the seller do not match the reality ‘on the ground’ there may be a cause of action against the seller of the property if the buyer later incurs a monetary loss for the management and treatment of the problem.
Commercial premises
Similar enquiries that apply to commercial properties are found in the standard pre-contract enquiries for commercial property but interestingly do not mention ‘Japanese knotweed’ by name.
If you have an enquiry regarding any of the above issues please telephone us and ask to speak to a Japanese knotweed dispute solicitor for a free no-obligation discussion.
Summerfield Browne Solicitors have offices in London, Birmingham, Cambridge, Oxford, Leicester and Market Harborough
