Knotweed can create legal issues with neighbour disputes and misrepresentation. We asked our legal partner to answer your top questions.
- Under the terms of the no win no fee agreement will I have to pay anything if my claim is unsuccessful?
Answer: No, in accordance with the terms of the no win no fee agreement if your claim loses you will not have to pay anything.
- What is after the event insurance and why do I need it?
Answer: The purpose of after the event insurance is to ensure that if your claim loses and you are ordered to pay the other party’s legal costs the policy provides cover and pays the defendant’s legal costs. You only pay the insurance premium if your claim wins and it is simply deducted from any compensation you receive. You won’t have to pay anything up front.
- Can I claim compensation if Japanese knotweed is affecting my land?
Answer: Yes, in some circumstances you can claim compensation if Japanese knotweed is affecting your land. The value of your claim is based on the loss in value to your property resulting from the knotweed affecting it, plus the costs of treatment. Your claim could be in the tens of thousands of pounds.
- Who can I pursue my Japanese knotweed claim against?
Answer: You may have a legal claim against the following potential defendants:
- If Japanese knotweed is encroaching from neighbouring land you may have a private nuisance claim against the owner of the neighbouring land.
- If you have purchased a property within the last 6 years and the seller did not advise you about Japanese knotweed affecting the property you may have a misrepresentation and breach of contract claim to pursue against the seller.
- If you have purchased a property in the last 6 years and the surveyor your commissioned to conduct a pre purchase survey failed to identify Japanese knotweed affecting the property you may have a professional negligence claim to pursue against the surveyor.
- What is the best way to treat / eradicate Japanese knotweed?
Answer: There are several different ways to treat Japanese knotweed however the most common ways to treat it are by implementing a herbicide treatment plan or excavating the knotweed affecting your property. However, it is important to instruct an eradication company who are accredited by the Property Care Association and can offer an insurance backed guarantee for all the work conducted. Japanese Knotweed Limited are the largest eradication company in the UK, accredited by the Property Care Association and offer insurance backed guarantees.
- Is it illegal to allow Japanese knotweed to grow on your land?
Answer: It is not illegal to have Japanese knotweed within the boundaries of your land, however it is illegal to allow or cause it to spread onto neighbouring land.