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Conveyancing Solicitor Victoria Marshall warns of Japanese knotweed, which can wipe out the value of a property.
Saddleworth house buyers are being warned to look twice and dig deep when making their next move as the plight of Japanese knotweed can affect the future sale and value of their property and some lenders refuse to give mortgages on properties with this aggressive weed.
After the summer of 2020, all our dream homes have a garden or outside space, but if it’s affected by knotweed that green oasis can turn into a nightmare.
Knotweed has been known to grow through concrete and damage buildings, bridges and roads. It is not to be confused with other balsams which grow along canal pathways and across our countryside.
When viewing properties during the winter months it is easy to focus on the internal features and so not pay as much attention to the garden. However, this could prove a costly mistake as Japanese knotweed dies back in the winter, making it much harder to spot.
It is the responsibility of sellers to complete a Property Information Form. Recent changes to the guidance accompanying this form has resulted in an increase in the answer “unknown” to the question about Japanese knotweed.
Research carried out by Environet also shows that some sellers actually conceal Japanese knotweed and so buyers only discover it once gardens spring back to life.
Victoria Marshall, Head of Conveyancing at Pearson Solicitors and Financial Advisers warned: “Japanese knotweed can seriously impact the value of a property so I would recommend that buyers carry out their own investigations, particularly if the seller isn’t confidently offering assurances that Japanese knotweed isn’t growing at the property.
“Sellers are legally responsible for declaring if their property has Japanese knotweed.
Investigations can be carried out by arranging a professional which will confirm its presence even if it is under the ground at the moment.”
In what is regarded as a landmark ruling, the High Court has previously considered the knotweed to be a nuisance. The court ordered Network Rail to pay compensation for the devaluation of homes along its boundary, as well as to cover the cost of treating the knotweed when it was found to have spread from the railway embankment to gardens.
If sellers have deliberately concealed Japanese knotweed they could find themselves being sued for misrepresentation, leading to legal fees and compensating the buyer for the inevitable decrease in the property’s value.
“It is always best to be totally honest about Japanese knotweed from the beginning,” added Victoria.
“If you ensure there is a treatment plan in place this will satisfy a buyer’s mortgage lender and in turn help prevent further the delay on selling a property.”
If the value of your home has been affected by Japanese knotweed or you discover the plant after you’ve moved house or find it growing from a neighbouring property you can take legal advice.
For property advice email Victoria Marshall at victoria.marshall@pearsonlegal.co.uk
If you need advice on Japanese Knotweed and UK law email Christopher.Burke@pearsonlegal.co.uk or call 0161 785 3500.
Find Pearson Solicitors and Financial Advisers at 31 Queen Street, Oldham or
call 0161 785 3500 or go online: www.pearsonlegal.co.uk (advertisement feature)
