ULTIMATE JAPANESE KNOTWEED - CEL Solicitors
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2020
ULTIMATE
JAPANESE
KNOTWEED
GUIDE
03 A note from our director
04 What is Japanese knotweed?
ONTENTS
05 Who is responsible?
06 Case study: Pensioner receives £27,000 payout
07 How does Japanese knotweed affect your home?
08 What to do when you find knotweed on your property
10 Japanese knotweed claims FAQs
CEL SOLICITORS
A&B COMPANY
MONTHLY
U L T I M A T E JREPORT
APANESE KNOTWEED GUIDE P A G E02
PAGE | 03
A NOTE FROM
OUR DIRECTOR
With the potential to send house prices plummeting by up to 20% and severely damage
building structures, Japanese knotweed can be an incredibly serious matter for
homeowners.
Due to its fast-growing nature, it can spread quickly, making it notoriously difficult to treat.
So, it’s essential that homeowners are aware of what the plant is, how to spot it and,
crucially, how to stop it.
Whether you’re buying a house and instructing a surveyor; selling a house and unsure
whether you have Japanese knotweed; or you’ve recently spotted the weed’s distinctive
shoots sprouting in your garden, it’s important to know the facts.
Our team of experts work with those affected by Japanese knotweed to help advise on next
steps and how to claim against those responsible for it encroaching on their property.
At CEL, our vision is simple – we put people before profits and our team will ensure you
have the appropriate guidance throughout your claim, ensuring you are awarded the
compensation you deserve and access to the Japanese knotweed treatment that you need.
Have a read about Japanese knotweed and what to do next if you think you have it on your
property, and get in touch for an informal, no-obligation chat.
Jessica Hampson, Founder and Director
ULTIMATE JAPANESE KNOTWEED GUIDE PAGE | 04
WHAT IS
JAPANESE
KNOTWEED?
Japanese knotweed is an invasive weed originally
brought to the UK as a decorative plant. However,
this weed is extremely strong and fast-growing.
Despite dying back at winter, the perennial grows
back in spring/summer, with its bamboo-like
shoots reaching up to six feet high.
What does Japanese knotweed look like
throughout the year?
Spring:
Following the winter dormant period, the new
shoots that emerge are red/purple and look like
asparagus spears. The leaves are normally rolled
up and dark green or red in colour.
Summer:
In summer, knotweed leaves are green and the
shape of them often represents a heart or a
shovel. By late summer the plant will start to
flower with small clusters of white flowers. The
plants can grow 2-3 meters if left untreated.
Autumn:
Slowly, the leaves turn yellow and start to wilt. The
hollow stems start to turn brown.
Winter:
We're here to During late autumn and the beginning of winter
the knotweed leaves will have totally fallen off
HELP
and the weed becomes dormant, yet still poses a
threat. The canes are hollow, dark brown and
brittle and often become broken just above the
base. They are often confused with bamboo due to
their similar appearance.
ULTIMATE HOUSING DISREPAIR GUIDE PAGE | 02
ULTIMATE JAPANESE KNOTWEED GUIDE PAGE | 05
WHO IS
RESPONSIBLE?
As a homeowner: As a buyer:
If you have Japanese knotweed on your The presence of Japanese knotweed
property then you are legally obliged to should be stated in relevant forms
ensure it doesn't spread to neighbouring before you commit to buy. This usually
land. If it does, then you could find results in your mortgage lender
yourself responsible for the cost of requiring assurances from the seller
removal. that the plant will be eradicated, before
they agree to lend the necessary funds.
If the weed is on your property, then you
are legally bound to prevent knotweed In addition, prior to purchase either you
from spreading into the wild and or your mortgage providers will have
causing a nuisance. If you are found instructed a surveyor to carry out a
guilty of this, then you could be fined up detailed survey of the land. It is the
to £5,000 or be sent to prison for up to 2 surveyor’s responsibility to look for
years. Japanese knotweed and, if found, to
mention it in their report. If you believe
When you find Japanese knotweed on that the knotweed was present prior to
your property, you should first try to the survey and was missed by the
identify where it came from. surveyor then you can bring a claim for
compensation as a result of their
It usually originates from: professional negligence.
Waterways; rivers, lakes, etc As a seller:
Railway tracks and lines
Car parks on public land, such as If you are selling, it is your
local supermarkets, etc responsibility to check the garden for
Neighbouring land or property Japanese knotweed. If the plant is
present on your property, then this
needs to be declared to potential
buyers as its presence could affect your
house value and selling capability.
A&B COMPANY
MONTHLY
U L T I M A T E JREPORT
APANESE KNOTWEED GUIDE P A G E02
PAGE | 06
CASE STUDY: PENSIONER
RECEIVES £27,000 PAYOUT
A pensioner in Preston received £27,342 for damages for repairs to her garden fence after the local
council allowed Japanese knotweed to spread to her land from disused railway tracks. She had been
managing the spread of the plant for over eight years.
"The weed had been coming through the fence for years but I just kept cutting it back myself as I
assumed it was harmless," said the woman, who has lived in the semi-detached property in Deepdale,
Preston, for 56 years. "The weed had been severely damaging the fencing for a long time, but I
thought I’d just have to get on with it, as I didn’t know experts could come in and remove it."
The woman said the public should be more aware of the potential dangers of knotweed, adding:
"Councils need to take responsibility for it growing onto people’s land and make sure it’s treated
effectively."
Our Japanese knotweed experts said: "It is illegal to cause or allow Japanese knotweed to spread.
Mortgage companies will also only lend if you can show the property is knotweed free or that it is
being treated by a company who offers an insurance-backed guarantee. We work with a large number
of homeowners who have found that an infestation has encroached onto their property from a nearby
public space, and are therefore eligible to claim against the land owner to help pay for its removal.
We’re also seeing a rise in the number of people buying properties and finding they are entitled to
claim, as the vendors or surveyors have failed to declare the presence of Japanese knotweed prior to
the sale."
celsolicitors.co.uk Call us on 0808 273 0900
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HOW DOES
Financial impact
KNOTWEED
Japanese knotweed can severely impact the
valuation of your property.
AFFECT YOUR Many lenders refuse to provide mortgages to
homeowners for properties with Japanese
HOME knotweed who don't have an insurance-backed
guarantee.
We have seen a trend of houses depreciating in
We have worked on numerous Japanese knotweed value by 20% on average, when buyers are
claims over the past few years. looking for a cash sale without an insurance-
backed guarantee.
The issue does not stop there however, as even if
an expert is instructed to carry out a herbicide
treatment to the infestation, the property value
may still be reduced by around 3-10%.
Similarly, even if the Japanese knotweed is fully
excavated from the property, there is still a risk
that some root material may remain and that risk
alone can reduce the property value by between
1-3%. Herbicide treatments – depending on the
plot size – cost between £1,000-£3,000 – and
Property impact excavations cost between £10,000-£15,000. The
best route of action depends on the value of the
Japanese knotweed is extremely strong and property.
aggressive. It can cause damage to structures and
buildings, and where there is a weakness, it will Can you claim?
grow through it. In some cases, it can even grow
through brickwork and so intrude into your home. Bringing a Japanese knotweed claim depends on
your individual situation. We have set criteria in
As it's so hardy, it is also very difficult to remove. order to be able to claim. These can include:
Many homeowners try DIY methods to remove the
weed, but find it makes little to no difference, and If Japanese knotweed has encroached on your
in some cases, encourages it to grow even more. property within the last 5 years;
You bought a house which had Japanese
The plant is so invasive, that its cut shoots need to knotweed but it was not included on the
be professionally disposed of. Some homeowners surveyor’s report;
tackling the weed have found when disposing of off- Nobody
The owner should
of the landlive
the in a home knotweed
Japanese that needs
cuts, the weed has even grown in green rubbish. repairs.
is coming fromEspecially when
has failed to those
make repairs
suitable
cause ill-health or are
arrangements for its removal. a danger to you.
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WHAT TO DO
speak to them first. It may be that the infestation
spread from public land to their property.
WHEN YOU FIND If you found Japanese knotweed on your property
and have only just bought your house, then you
KNOTWEED could also be eligible to claim against the
surveyor for their professional negligence.
Japanese knotweed should always be disclosed,
even if the weed has been removed as this can
Nobody wants to find anything wrong with their massively impact house valuation. There is a
home, especially if you're looking to sell soon. Here question on the form completed by surveyors
are 5 quick steps for when you find Japanese when reviewing homes, specifically asking about
knotweed on your land... Japanese knotweed. As such, it is a legal
requirement for the weed to be searched for and
1. Check it definitely is Japanese knotweed assessed.
Japanese knotweed is difficult to identify! Take 3. Maintain the plant
photos and use them to compare to images online,
or better, send them to professional removal firms While you're finding the source of the weed,
or solicitors who have expertise in knotweed. ensure the plant doesn't spread further. It is
illegal to allow the weed to spread from your
Remember: Even we find it difficult to confirm property. While cutting back the shoots won't stop
Japanese knotweed using a photo. That's why we it growing, it will slow it down.
will always send an expert to verify it.
Remember: the weed grows much quicker in
2. Find the source of the knotweed warmer weather during spring and summer, so try
to maintain it to reduce further spread.
Understanding where the weed came from is vital.
The plant will always come from somewhere, so try 4. Contact us
to assess local land, including any public walkways,
train lines and waterways as well as your We have a team whose expertise lie in managing
neighbours' properties. Japanese knotweed claims. Whether you have
found knotweed on your property, or you are
Remember: Neighbour disputes are difficult to trying to buy or sell a property infested with the
resolve. If the weed has come from your neighbour, weed, we can help.
CONSIDERING Contact our team of legal experts
for free, no-obligation advice on
your Japanese knotweed claim by
LEGAL ACTION? calling 0808 273 0900.
ULTIMATE JAPANESE KNOTWEED GUIDE PAGE | 09
We'll ask for some photos and then we will:
Instruct a professional knotweed removal
company to inspect and report on the
knotweed infestation on your land
Ensure the knotweed is safely treated
Seek to recover compensation for the cost of
the treatment, any loss in value of your home
and any other losses such as landscaping
costs
Our team will work hard for you to get your case
resolved, negotiating with the offending party to
come to a resolution.
5. Rest easy with your insurance-backed
guarantee
Whether you have found Japanese knotweed on
your home, or are looking to buy or sell a home
with Japanese knotweed, we can help.
We only work with Jpanese knotweed removal
companies who offer you an insurance-backed
guarantee. These last five to ten years, meaning if
the weed comes back, you won't be liable to pay
for it.
Have a question? Call
for free initial advice
on 0808 273 0900 or
visit us at
celsolicitors.co.uk
Make your house a
HOME
ULTIMATE HOUSING DISREPAIR GUIDE PAGE | 02
ULTIMATE JAPANESE KNOTWEED GUIDE PAGE | 10
KNOTWEED
CLAIMS FAQS
How long does the claims process take? Do I need to pay upfront to make a
claim?
There is no set time that claims take, it
depends on the defendant and how No! We operate on a no-win-no-fee
responsive they are. Claims can take basis and we do not charge you to set
anything from a few weeks to months. up a claim. We will take 25% from your
compensation to recuperate our costs.
Our cases average at around 3-6 months We also have a price match guarantee
for completion. against all other law firms.
How much compensation will I receive Can I remove the knotweed myself?
from my claim?
No! The weed is extremely difficult to
As a ‘people before profits’ organisation, remove, even professionally and can
we are proud to confirm that over 95% often come back.
of our clients receive compensation.
Excavation and a herbicide treatment is
The amount of compensation varies usually the most effective way to
depending on the severity of the case remove the weed.
and how long it has been ongoing.
What do I do if the weed comes back
Our previous clients have received after my claim has closed?
compensation from £4,000 to £35,000.
Just get back in touch with us! We work
with Japanese knotweed removal
companies who offer insurance-backed
guarantees, meaning that you can
continue to get the weed removed, free
of charge, for 5 or 10 years (depending
on case settlement).You can also read
