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Japanese Knotweed is a highly invasive plant that can cause significant damage to your property if left untreated. This resilient weed can grow through concrete and other building materials, making it a serious threat to homes, gardens, and even infrastructure. As widely reported in the press, the presence of Japanese Knotweed can reduce the value of your property and may also hinder your ability to sell or remortgage your home.

What is Japanese Knotweed?

Japanese Knotweed is an aggressive, fast-growing plant that can rapidly take over land and cause significant issues for homeowners. Identified by its bamboo-like stems, heart-shaped leaves, and clusters of small white flowers, it spreads through underground rhizomes, which makes it difficult to eradicate.

The risks and associated liabilities with owning land infested with knotweed are:

  • cost of treatment or removal
  • damage to property and cost of repair
  • legal liabilities in civil or private nuisance where knotweed spreads to adjoining land
  • misrepresentation claims where sellers fail to disclose knotweed
  • availability of mortgage finance
  • diminution of property value, and
  • enforcement action under various statutory legislation

 

How to make a Japanese knotweed claim?

As a property owner, you have the legal right to seek compensation if Japanese Knotweed has encroached onto your land from a neighbouring property. Encroachment occurs when the weed spreads across property boundaries without your consent, causing damage and devaluation.

Hugh James is currently investigating the possibility of pursuing a civil claim on behalf of residents in your area in relation to the encroachment of invasive Japanese Knotweed onto their land. The potential claim will be against Herefordshire Council, the owner of neighbouring land from which it is alleged the Japanese Knotweed originates.

If you own your property and have Japanese Knotweed coming into your garden from neighbouring land, you could be entitled to compensation under each one of the following three headings:

  1. Compensation based on the reduction in capital value of your home. This could range between 2% – 7% of the capital value but could be higher in some cases.  The typical average in our settled cases is 5%.
  2. Specialist treatment costs which typically start at £3,000 which increases depending on the circumstances.
  3. Compensation for distress and inconvenience if you reside in your property.

Key contact

Stephanie Eedy

Partner

Stephanie Eedy specialises in group actions on behalf of communities and residents across England and Wales affected by various forms of environmental pollution such as odour, noise and dust emanating from factories, landfill sites and other similar commercial entities.  She has successfully concluded a number of environmental group actions in locations within the UK and has secured compensation and an end to the nuisance on behalf of a large number of individuals.

FAQ's

If you suspect you have Japanese knotweed, consult a professional for proper identification and removal.

You can sell your property with Japanese knotweed, but you must disclose its presence to potential buyers.

If you’re considering buying a property with Japanese knotweed, have a professional inspection done to assess the extent of the problem and potential costs.

You may be liable for any damage caused by the spread of Japanese knotweed from your property.

If the previous owner knew about the knotweed and failed to disclose it, you may have grounds for a claim.

Japanese knotweed can cause significant property damage, including damaging foundations, walls, and pipes. It can also block drains and waterways.

Hugh James will advise you fully on the funding options once your instructions have been reviewed, however it would be Hugh James’s intention to act for you on a no win no fee agreement.

How to register

Kindly submit your contact details below to receive a brief questionnaire aimed at capturing the specifics of your concerns (a link will be sent to you via email). Completing it should take no more than 10 minutes. Once you’ve filled it out, our team will reach out to you to discuss the next steps regarding your claim.