Japanese Knotweed On Neighbouring Property. Homeowner Claims Victory in Court!!

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Back in February 2018, a business couple took a pensioner, who sold them a luxury shoreline house 15 years ago in Cornwall, to court for the encroachment of Japanese Knotweed!

Mr & Mrs Jones claim it was sold to them because of the problem with Japanese Knotweed.  The house has now, 15 years later, decreased £50,000 in value.

Mary Davies, 74, has been taken to court by Jack and Phoebe Jones in a disagreement regarding the invasive weed which they state they were both unaware that the dangerous weed was growing nearby.

The Jones’s, both 43, purchased their three-room detached home in Maenporth, close to Falmouth in Cornwall, from Mrs Davies in 2002 for £200,000.

At the period of the arrangement, 15 years back, Mrs Davies held some property as land near to the house which was not discussed within the deal. Now the Japanese Knotweed, which can develop 20cm a day, is spreading on the two sections of the land along with on the drive way of Mr and Mrs Jones property.

Mr and Mrs Jones have propelled a legal action against Mary Davies, saying that the Knotweed has reduced the value of their home which has now been assessed up to 10% at £500,000.

The court showed satellite pictures that outlined how the Japanese Knotweed had spread on Mrs Davies territory since 2001, regardless of her insistence that she had more than once sprayed (with herbicides), burnt the weed and tried to maintain the spread of it.

Japanese Knotweed is one of the worst hostile species and strong development can harm solid foundations, streets, flood barriers, buildings, retaining walls and paving. It costs the economy around 166m consistently in property devaluation and weed control.

Had Mrs Davies enquired into the removal of Japanese Knotweed, this could have been eradicated with a 5-year management plan or an excavation; all which Knotweed Services could undertake with our expertly trained Surveyors and technicians.

During the case Mr Jones maintained that his neighbour had failed to act accordingly and treat the infestation in the correct manner or instruct PCA approved Japanese Knotweed Specialists, which ultimately lead to the spread of the infestation onto land alongside his drive.

This successful case has strengthened the legal precedent for mortgage holders to help prevent the spread of Japanese Knotweed onto neighbouring properties or face the likelihood of being sued.

A statement from a Solicitor, stated: “This is a critical choice and should put individuals on notice that it will never again be endured to purposely allow Japanese Knotweed to develop on your property unchecked. A Knotweed invasion on your territory can adversely affect the ability of your neighbours to sell or re-mortgage their homes and so it is crucial that the infestation is dealt with promptly.

“This choice makes it clear that the courts won’t look positively on home owners who treat the Knotweed without the use of a perceived expert who can give an insurance back guarantee.”

Contact Knotweed services (UK) Ltd on 0121 725 6348 or FREEPHONE 0800 689 4146

Email info@knotweedservices.co.uk for more information regarding our treatments and processes.

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