JAPANESE KNOTWEED COMPENSATION AND KNOTWEED CLAIMS.
THERE ARE THREE MAIN SCENARIOS WHERE YOU MAY BE ABLE TO SUCCESSFULLY CLAIM COMPENSATION:
- If a Japanese knotweed infestation has occurred from neighbouring land or adjacent land
- When you purchased your property the seller didn’t correctly inform you of the presence of knotweed – this is the most common source of knotweed claims
- The surveyor didn’t spot the knotweed – this is professional negligence – this is also a very common source of knotweed claims
You could potentially claim for the cost of treatment works and additional compensation should the value of your property have decreased.
SO, HOW CAN KNOTWEED SERVICES (UK) HELP WITH COMPENSATION OR A CLAIM?
There are several scenarios where you could successfully claim for Japanese Knotweed Compensation. Even if you can’t see Japanese Knotweed but it’s on a neighbouring land or property and within 7 metres of your boundaries – your home may be affected!
If you have been affected by the physical damage of Japanese Knotweed, or you have bought a property without being warned of the potential for Japanese Knotweed infestation, we can help you claim compensation.
Our Japanese Knotweed Claims team have close working relationships with many top Japanese Knotweed Solicitors and can help you make a claim to:
- Recover the cost to remove and treat the Japanese knotweed infestation in full
- Recover the cost to repair for any physical damage that has been caused
- Recover any potential loss in market value of your property
Our Knotweed Claims team will help you with your Japanese Knotweed insurance claim. We will assist in appointing a Japanese Knotweed solicitor to help you in claiming against the landowner responsible for the spread of Japanese Knotweed.
If Japanese knotweed was present when you bought your home (unknown to you), you may also be able to seek compensation from the previous owner, due to them failing to disclose its presence or if your surveyor failed to spot it (professional negligence). We can assist you from start to finish.
CALL US NOW TO FIND OUT IF YOU CAN MAKE A JAPANESE KNOTWEED CLAIM
Call us on: 0121 725 6348 or 0800 689 4146 to discuss today
IF OUR INFESTATION HASN’T BEEN CAUSED BY US – WHO’S TO BLAME?
Japanese Knotweed has relentlessly spread and been fast growing throughout Britain since it’s introduction in the 19th century. This is largely due careless property and landowners, as well as property developers just ignoring it and continuing about their business with no practices put into place to limit its spread.
One of the reasons (and indeed the most common) for residential infestations is that it’s spread from neighbouring land and/or adjacent commercial lands such as construction sites and railway embankments (more on this further down – click here to view the case against Network Rail).
In the unfortunate event you notice an infestation fast growing, the cost to remedy can be anything from £1,000 to £3500 (typically for a typical 3 bedroom home – see our costs page for more). However, there are a number of scenarios that might enable and help you to claim for the cost of any Japanese Knotweed remedial works and potentially, an additional compensation for the devaluation of your property that has occurred.
Described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.
If Japanese Knotweed is present on your property or an adjacent property – you may even get rejected by a mortgage lender upon application for a mortgage.
If you’re a victim of the following, you may be able to claim compensation
EXAMPLES AND SCENARIOS WHERE JAPANESE KNOTWEED COMPENSATION MAY BE POSSIBLE
KNOTWEED HAS ENCROACHED MY LAND FROM NEIGHBOURING LAND OR PROPERTY
If your land and property has been encroached upon by a neighbour or the landowner has allowed Japanese Knotweed to grow and spread, thus creating an infestation for you and resulted in or requiring costly control procedures and/or a reduction in your house price they could be liable.
It’s not just land owners and neighbours that you can potentially claim against. Council land, private land owners and rail companies or organisations can also be held to account if Japanese Knotweed has spread from their sites.
As – is often the case, knotweed is present due to negligence by a landowner or developer.
MY SURVEYOR FAILED TO SPOT THE PRESENCE OF JAPANESE KNOTWEED
This can be classed as professional negligence. When your surveyor fails to spot the presence of Japanese Knotweed, they have failed to perform their responsibilities to the required standard.
This has become more and more common over the last decade.
Previously surveyors had escaped liability by simply claiming they couldn’t have been expected to be aware of a knotweed infestation nor the extensive damage that it can cause. However, that all changed in 2012 when RICS published guidance on ‘Japanese Knotweed and Residential Property’.
As a result, the chances of your surveyor simply being able to shrug their shoulders and succeeding with such an argument is greatly limited.
THE SELLER OF YOUR PROPERTY FAILED TO INFORM ME ABOUT THE PRESENCE OF JAPANESE KNOTWEED
Buyers are now legally obligated to complete The Law Society’s Knotweed TA6 form. This means that the solicitor of the buyers’ will ask whether the property is or has ever been affected by the invasive weed. If the seller knowingly gices false information, they can be sued for misrepresentation.
If you believe you have suffered a misrepresentation, you could potentially make a claim to be compensated.
On February 2nd 2017, Charles Lyndon (A London based Law Firm) successfully brought a case against Network Rail on behalf of the owner of a house bordering the Network Rail embankment.
“Mr Waistell had bought a property in Maesteg, South Wales, in 2012 shortly after his wife died, but deciding that he wished to see out his final years in Spain, attempted to sell the property in 2013.
It was during the course of trying to sell his property that Mr Waistell discovered that there was over 600 square metres of knotweed on the railway embankment to the back of his bungalow and that no lender would lend against the property. This, in effect, meant that Mr Waistell was unable to sell his property.
In order to sell his property at market value, Network Rail would need to instruct a competent contractor to treat the knotweed and ensure that the treatment programme was supported by an insurance-backed guarantee.
Despite asking Network Rail to comply with this requirement, they failed to assist Mr Waistell and have only treated the knotweed 3 times since 2012 two of which treatments were at completely the wrong time of year.
Having no joy on his own Mr Waistell turned to Charles Lyndon to assist him. The case was heard in Cardiff between 28-30 November 2016 and judgment was handed down on 2 February 2017.
Recorder Grubb found that Mr Waistell had successfully made out his claim in private nuisance against Network Rail. It was found that not only had Mr Waistell’s property suffered from encroachment, but also that the mere presence of knotweed on Network Rail’s land was an actionable interference with the use and enjoyment of Mr Waistell’s land.
As a result, Mr Waistell was awarded damages for the cost of treatment and the residual diminution in value of his property after the treatment had been carried out.”
– Charles Lyndon Law Firm 2017
LANDMARK JAPANESE KNOTWEED COURT CASE AGAINST NETWORK RAIL IS SUCCESSFUL!
The significance of this case against Network Rail is that it holds all landowners to account and imposes a duty on them to ensure that any Knotweed that is on their property is not preventing neighbouring landowners from being able to sell their property for the correct market value.
It also clearly demonstrates that those failing to comply with this obligation (in this case Network Rail and the Japanese knotweed growing on their rail lines) will now result in awards for damage for the cost of treatment of the Japanese Knotweed and any residual diminution of value.