home
in

Japanese knotweed

Last post Thu, Nov 10 2011, 5:15 PM by Chad58. 10 replies.
Sort Posts: Previous Next
  •  Thu, Nov 10 2011, 5:15 PM

    Re: Japanese knotweed

    I Have similar problem can you tell me what happen and how it got resolved.

    • Post Points: 5
  •  Sun, Jan 10 2010, 11:46 AM

    Re: Japanese knotweed

    I'll be watching with interest to see what happens to this one. Our current house has a problem with Jap Knotweed invading one end of the garden (luckily a long way from the house) from scrub land beyond our boundary. I've been on to the council on numerous occasions, but they won't act as it's not council land. Environment Agency throw me back to the council and won't get involved unless it's near a water course and the Land Registry can't seem to find an owner for the land.

    The area of knotweed on the scrub land is so large that people are quoting £4k to erradicate it and, quite apart from the fact I don't have that kind of money to spend right now, I don't see why on earth I should be paying it to sort out a problem on land I don't own! If I'm going to do that, I want the ruddy land lol.

    • Post Points: 20
  •  Sun, Jan 10 2010, 10:48 AM

    Re: Japanese knotweed

    Thank you for this information it will be very helpful especially as it seems I am not only up against a housing association next door (the tenant is not too bame the problem was there long before she moved in) the street also has a back lane that is overrun with them and this is apparently common ground -(trying to track down the leaseholder) I feel that I have a big fight on my hands now which may involve the local authority who have hidden the problem for years (where I live there are knotweeds growing everywhere fields, back lanes, waste ground -old houses, council properties etc. I will hopefully involve the local community and make sure that everyone is aware of the problem - will report on this site how I get off so that the information can maybe help other people affected by the problem.
    • Post Points: 20
  •  Fri, Jan 08 2010, 2:05 PM

    Re: Japanese knotweed

    Weakat

    The best bet is for your son to work with a local independent mortgage broker. Find using http://www.unbiased.co.uk/find-a-mortgage-adviser/

    Your neighbour owes you a duty of care in regard to the knotweed as potentially this could cause damage to your property as well as have an affect on its market value. Not to mention the damage to the neighbours house.

    You should speak to the neighbour about this and follow up with a letter, including a copy of the survey. The neighbour will have to organise for the weed to be treated when it flowers in the Spring/Summer.

    If the neighbour has a mortgage, it will also be a condition of their mortgage to maintain the property.

    I also found this information which

    Allowing Japanese knotweed to spread onto neighbouring land could be considered either a statutory or private nuisance.
    Statutory Nuisance

    Where a local authority is satisfied that a statutory nuisance exists or is likely to occur, defined as “any premises in such a state as to be prejudicial to health or a nuisance”, it is able to serve an abatement notice imposing certain requirements under Part III of the Environmental Protection Act 1990. A prosecution, in a magistrates‟ court, may follow if the party on whom the notice has been served fails to lodge an appeal notice within 21 days.
    Private Nuisance

    The common law of private nuisance defines nuisance as the “unlawful interference with a person‟s use or enjoyment of land, or some right over, or in connection with it” [Read v Lyons and Co. Ltd, (1945) K.B.216]. This principle allows landowners or tenants of leasehold properties who have a right to the land affected to bring an action against the person responsible. In addition, the rule of Rylands v Fletcher (1868) re-lates to strict liability for foreseeable damage caused by escapes resulting from non natural uses of land.

    Private individuals can under the Environmental Protection Act 1990 Part III, Sec-tion 82 make a complaint to a magistrates‟ court, under statutory nuisance, requesting an Order against a particular individual to abate the nuisance. Prior to applying for an Order it is necessary to write to the individual giving them notice that such an applica-tion is to be made. Individuals who have successfully obtained a nuisance order from a magistrates‟ court are entitled as of right to their costs, if the nuisance existed at the time that they initiated the proceedings.

    • Post Points: 20
  •  Thu, Jan 07 2010, 9:18 PM

    Re: Japanese knotweed

    HI

    Just heard today that my son who was buying our house on a gifted mortgage has been turned down because of knotweed in the next door neighbours garden - wanted to know if you managed to get a mortgage on the property and if you had to have extra surveys to do so. Also it is Abbey who has turned him down because of this problem even though we have no knotweed in our garden - is there a certain measurement from the house that they consider or is it based on the actual area - if that is the case I would say all the terraced houses in the street would not be mortgage eligible.

    • Post Points: 20
  •  Tue, Sep 15 2009, 11:22 AM

    Re: Japanese knotweed

    johnjo111: as it is only visable in a small area of the property. The problem in the back yard is no more than a meter or two away from the house

    You are obviously very keen on this property and do not mind the risk.

    Is only visable in a small area of the property, code for, that some of the knotweed has been removed previously. How long has the weed been in the garden for?

    With the weed being so close to the property, if the roots are now established and have become sizeable, you could be in for a long battle. Is the weed killing guarantee just limited to them coming around every years there is new growth, when the weed has flowered again. If the company ceases to trade, you could end up having to pay for the work yourself as the guarantee is only with that company.

    In the meantime any damage to the property is not covered by any Insurance.

    As I think I have previously said, I am no expert, but from what I have read, if I were thinking of buying this property, I would be looking in to this legally to see how I could protect myself against future costs.

    Huckster

    • Post Points: 5
  •  Mon, Sep 14 2009, 9:35 PM

    Re: Japanese knotweed

    the problem appears to of come via the next door and the firm that has come in to spray the garden has also sprayed next door so that has been treated as well as it is only visable in a small area of the property. The problem in the back yard is no more than a meter or two away from the house. I will look into local guides but as the problem has been treated i am hoping that as i have a guarantee that the knotweed will be taken care of at least one firm be willing to give us a mortgage.
    • Post Points: 35
  •  Wed, Sep 09 2009, 1:10 PM

    Re: Japanese knotweed

    johnjo111:

    The vendor has indeed been fair, some would have ripped it up to hide the problem.

    My understanding is that you have to treat and then let the weed die naturally. If you treat and then rip out, it makes the treatment pointless.

    The problem that you will have is that Mortgage companies surveyors may have knowledge that there is a problem with the weed in the area. So each time you apply with one company, you may get knocked back.

    It may be worth contacting another local mortgage broker to see if they have experience of this issue. They may have come across additional insurance and/or legal documents being arranged to cover any future liability of the purchaser and their mortgage company.

    How close to the property is the knotweed and are there any signs of this in neighbouring gardens. You may wish to check on this and get some advice.

    Huckster

    • Post Points: 20
  •  Wed, Sep 09 2009, 12:50 PM

    Re: Japanese knotweed

    The problem has been treated and the firm that sprays it give a guarantee that if it is not fully eradicated within the first 12 months then they will come back and eradicate the knotweed for free. The problem that i am having is not so much with the knotweed its self but with getting a mortgage company to lend the money to buy the property. Ironically because the vendor has payed to have it sprayed and taken care of properly instead of just ripping it up and hiding it which in all fairness would of been his easier and cheaper option it is making it harder to get the mortgage on the property because it is visable
    • Post Points: 20
  •  Tue, Sep 08 2009, 7:03 PM

    Re: Japanese knotweed

    johnjo111:

    From what I have read, you would need to think about whether it is worth the hassle buying this property. The cost to eradicate the weeds is apparently £2k and upwards. Also most Buildings Insurances will not cover damage, as it would be due to a gradually operating cause. If you could not eradicate the weed in 12 months, what would you do then. Wait for the weed to flower again and the treat with systemic root killer. The roots can grow down to 3 metres deep. Have you also had a quick look to see if the weed is in any of the neighbours gardens. If it is, I would have thought, it could come back again, even if treated in the garden concerned.

    I found this info online.

    "Knotweed is a major and growing problem in the UK because it is so hard to eradicate and spreads so fast. If knotweed is not treated, it continues to spread, its underground rhizome/root system will strengthen, and it becomes even harder and more expensive to eradicate in the future. If it's located close to structural work, like walls, fences, drainage systems and paving, it can cause extensive damage. If it's near your boundary and crosses over it, your neighbours could take legal action against you."

    I think the current owner will have to deal with the problem and then put the house on the market again, once the weed is gone.

    Huckster

    • Post Points: 20
  •  Tue, Sep 08 2009, 6:24 PM

    Japanese knotweed

    I am hoping to buy a house which has japanese knotweed in the back garden. My mortgage broker is telling me that a lot of mortgage lenders will not lend while this problem is still present. I have spoken to the vendor and he has arranged for a registered firm to come in and deal with the problem and give a guarantee that the problem will be dealt with over the next 12 months as it is not possible to pull the problem out of the ground as it takes 12 months to kill the problem and growth is needed. Are there any lenders that any one knows of who will lend under these conditions. Any assistance would be more that gratefully recieved, thanks, johno111
    • Post Points: 20