Yesterday, The County Court at Central London found the defendant, a RICS Chartered Surveyor, guilty of negligence for the failure to identify Japanese Knotweed during a Level 3 Building Survey. The defendant was ordered to pay the claimant significant costs and damages including excavation of the Japanese Knotweed & diminution in value of the property.
The claimants legal representation was none other than our friends at Charles Lyndon, who were the legal firm winning the historic encroachment of Japanese Knotweed case against Network Rail in 2018.
The case heard how the claimant had instructed a building survey to be conducted on a property they were looking to purchase and how, following the survey which had not identified Japanese Knotweed, recommendations were to proceed with the purchase.
Upon completion of the sale and the claimant occupying the property, it was not long before Japanese Knotweed was discovered by the claimants gardener.
It was identified during the proceedings that Japanese Knotweed was present in three different locations of the garden, which at the time of survey, would have been at its maximum growth (in leaf and flower). However, the surveyor (defendant) failed to identity the Japanese Knotweed and the characteristics of at least 3 years of previous growth which was estimated by the Japanese Knotweed expert witness. (Environet).
Surveyors – this case highlights your vulnerabilities and accountability and only emphasises that Japanese Knotweed needs to be taken seriously.
Are you confident in your ability to identify Japanese Knotweed? Why leave yourself vulnerable? Why not use PCA approved specialists in the first instance to conduct a Japanese Knotweed survey?
Knotweed Services not only offer surveys but we offer a free identification service which can be accessed via our website from any phone, device or tablet https://www.knotweedservices.co.uk/free-identification/
Once on the website, simply click on the app icon you wish to use- WhatsApp, Facebook, Twitter, Instagram and upload your pictures directly to us in ‘real-time’ (a fantastic resource if on site as we aim to respond immediately*). Alternatively, please complete the free identification form.
We will confirm if the suspect plant is JKW
*Normal office hours
