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Japanese Knotweed - A Knotty Problem

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Japanese Knotweed is a fast-growing and invasive plant that is almost impossible to remove without expert advice and help.  Whether you are buying or selling a property, it‘s essential that you and your solicitor consider this knotty problem.  If you are selling, then you must disclose its presence on your property information form.  Your answer must be truthful and stand up to investigation.  

Knotweed searches are become more common in areas where knotweed is prevalent and if you are buying, then please talk to your solicitor if you have any concerns.

Network Rail recently appealed against a decision that it had caused an “actionable nuisance” by failing to control Japanese knotweed on its land, and had allowed this “natural hazard” to spread to adjoining land, resulting in a reduction of the property’s market value, and interfering with the property owner’s enjoyment of the land.

The Court of Appeal dismissed the appeal by Network Rail and upheld the original decision being a mandatory injunction for proper treatment of the knotweed and damages were awarded.

Our Commercial Property team are always on hand to discuss this and any other matter - please do not hesitate to contact Joe Foley on 01384 445859 or 0800 118 1500.