When selling your property, you must complete the Law Society Property Information Form (TA6), providing the buyer with important information to enable them to satisfy themselves about the condition of the property and to assist with enquiries and searches.
In this reported case, the seller answered “no” to the presence of Japanese Knotweed at the property. His choice of box on the TA6 form resulted in a legal bill of £200,000 arising from misrepresentation when expert evidence proved that the plant was located at the property since 2012, and what’s more, it suggested that knotweed canes may have possibly stood 2 metres tall at one point and might have been overhanging the neighbouring garden.
From a legal perspective, the presence of Japanese Knotweed can be an absolute minefield which can often result in claims relating to nuisance, trespass, misrepresentation, and property damage.
Landowners who have identified Japanese Knotweed on their land are advised to seek expert legal advice at the earliest opportunity – not least because the answers given to conveyancers when selling your property can have a devastating impact if found to be incorrect.
Furniture designer, 30, who found Japanese knotweed behind his shed when he moved into his £700k dream home successfully sues seller and leaves him facing £200,000 court bill after he denied plant was growing in garden