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This article looks at the typical issues involved in professional negligence claims against surveyors in respect of property damage caused by Japanese Knotweed. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. In some cases, mortgage lenders have even refused loans to anyone looking to purchase a property with the invasive weed on its land. Consequently, Japanese Knotweed has been the subject of a great number of professional negligence claims made against surveyors. The court held that the surveyor was not under a duty to identify Japanese Knotweed as the claimant had only instructed the surveyor to undertake a basic mortgage valuation. Where, for example, a surveyor is asked to carry out a comprehensive structural building survey, the surveyor will likely have a duty to identify Japanese Knotweed on the property and, most probably, on any neighbouring property too. On the other hand, as Davis v Marshalls demonstrated, a duty to identify Japanese Knotweed is less likely to exist with respect to a standard mortgage valuation. What this means in practice will, of course, be a matter of contention. Where a surveyor has a duty to identify Japanese Knotweed but fails to carry out an investigation or a reasonable investigation , the surveyor will have breached their duty of care to the claimant. The court will then turn to the issue of causation. A key issue in such disputes has been whether Japanese Knotweed existed when the surveyor carried out their investigation. In disputes centring on issues of causation, a Japanese Knotweed removal survey becomes an extremely important piece of evidence, as does any photographic evidence and notes taken by the surveyor at the time of their investigation. Where a claimant successfully establishes their claim, the final hurdle will be to persuade the court as to the amount of loss suffered. In response, a surveyor can make several arguments. Consequently, any loss attributable to Japanese Knotweed will be minimal with respect to diminution and largely consist in the cost of remedial work. Second, cases where mortgage lenders have refused to lend because of the existence of Japanese Knotweed are few and far between. Usually, a mortgage lender is willing to lend if an appropriate treatment is implemented. Third, a governmental report in found that Japanese Knotweed may be no more harmful to a property than other invasive plants. This report challenges the current RICS assessment framework for surveyors, issued in The existing RICS framework is currently being reviewed and an updated guidance is anticipated soon. IBB are always very conscientious in the support they provide and ensure you are completely comfortable with the advice they give. Great service with a smile. Very approachable and extremely helpful. Excellent communication and first class knowledge. Unsurpassed subject matter experts. All at a clear up front cost with no hidden extras. Thoroughly recommended. I marvelled at the speed in which they were able to get to the core of my complex case and identify relevant issues, potential problems and pitfalls; and to provide solutions within a context relevant to my expressed financial means. This is an excellent firm offering services at a city level but without the city prices. All of the solicitors and staff that I have dealt with have been knowledgeable, approachable and effective. I would highly recommend using IBB Solicitors. Our legal teams are unable to provide legal advice without charge. We will provide you with a pricing proposal at the outset and we usually require monies on account before commencing work. Provide more detail. By submitting your email address and telephone number to us, you consent to us contacting you in order to enable us to deal with your query. Calls may be recorded for training and monitoring purposes. We use essential cookies to make our site work. We'd also like to set analytics cookies that help us make improvements by measuring how you use the site. Clicking Reject All only enables essential cookies. For more detailed information about the cookies we use, see our Cookies page. For further control over which cookies are set, please click here. You can learn more detailed information in our Privacy Policy. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site. Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site. Weed all about it: Japanese Knotweed and Professional Negligence. Weed all about it: Japanese Knotweed and Professional Negligence This article looks at the typical issues involved in professional negligence claims against surveyors in respect of property damage caused by Japanese Knotweed. Recoverable Loss Where a claimant successfully establishes their claim, the final hurdle will be to persuade the court as to the amount of loss suffered. Andrew Olins. How can we help? Latest Insights Blog 16 Oct, Celebrating Black History Month Read more. Blog 11 Oct, Blog 7 Oct, Great service with a smile, Rajan - Google Reviews I marvelled at the speed in which they were able to get to the core of my complex case and identify relevant issues, potential problems and pitfalls; and to provide solutions within a context relevant to my expressed financial means. Tracey Dolan - Client, Family team This is an excellent firm offering services at a city level but without the city prices. Site search Search. To speak to one of our specialist legal teams, please click the button below. Your choice regarding cookies on this site We use essential cookies to make our site work. Accept All Reject All. Our use of cookies. Google Analytics Cookies. Third-Party Cookies.

Weed all about it: Japanese Knotweed and Professional Negligence

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Japanese Knotweed is an invasive plant that grows and spreads rapidly. Excavation or multi-year treatment plans are the only way to get rid of it and even these might not be permanent solutions. Whilst it is not illegal to have Japanese Knotweed on your land or property, allowing it to spread outside your boundaries or not informing others of its presence may have legal consequences. This article explores, through case law, the responsibilities of those who have Knotweed on their property and other recent legal disputes on the topic. There was no need to demonstrate a risk of damage to structures on neighbouring land or an increased difficulty in developing the land. Mr Davies was awarded damages reflecting the diminution in the value of his property. Liability can accrue by a positive act as well as inaction. If the landowner knows Knotweed exists on their land and fails to use reasonable means to eradicate it, they could be held liable for Nuisance. In the case above, complete excavation would have been more appropriate than just treatment. When selling his property, Mr Henderson confirmed that it was not affected by Japanese Knotweed. Mr Downing upon purchasing the property subsequently found the invasive plant in the garden. Responsibility for controlling Japanese Knotweed will likely be that of the landowner. Landowners considering selling or letting their property should consider conducting a high-level Japanese Knotweed survey, highlighting potential problems, and anticipating any issues which may affect the sale. The claimant in this case had very poor eyesight and relied heavily on the full building survey he commissioned when purchasing the property. Learning from this case, buyers should carefully scrutinise replies to enquiries and survey reports to check if the existence of Japanese Knotweed has been disclosed. If the property was previously affected, then the reports should include a proper treatment plan and provide an appropriate guarantee which should be assignable to the buyer. Several legal disputes have arisen from the presence of Japanese Knotweed. If you are concerned about the effects of Japanese Knotweed on your property…. If you would like to discuss any issue relating to this blog, please do not hesitate to contact a member of the Real Estate Dispute Resolution Team on or contact us via the enquiry form at the top of our Property Disputes page. IBB are always very conscientious in the support they provide and ensure you are completely comfortable with the advice they give. Great service with a smile. Very approachable and extremely helpful. Excellent communication and first class knowledge. Unsurpassed subject matter experts. All at a clear up front cost with no hidden extras. Thoroughly recommended. I marvelled at the speed in which they were able to get to the core of my complex case and identify relevant issues, potential problems and pitfalls; and to provide solutions within a context relevant to my expressed financial means. This is an excellent firm offering services at a city level but without the city prices. All of the solicitors and staff that I have dealt with have been knowledgeable, approachable and effective. I would highly recommend using IBB Solicitors. Our legal teams are unable to provide legal advice without charge. We will provide you with a pricing proposal at the outset and we usually require monies on account before commencing work. Provide more detail. By submitting your email address and telephone number to us, you consent to us contacting you in order to enable us to deal with your query. Calls may be recorded for training and monitoring purposes. We use essential cookies to make our site work. We'd also like to set analytics cookies that help us make improvements by measuring how you use the site. Clicking Reject All only enables essential cookies. For more detailed information about the cookies we use, see our Cookies page. For further control over which cookies are set, please click here. You can learn more detailed information in our Privacy Policy. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site. Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site. Japanese Knotweed: Legal Consequences. Japanese Knotweed: Legal Consequences Japanese Knotweed is an invasive plant that grows and spreads rapidly. Summary Several legal disputes have arisen from the presence of Japanese Knotweed. If you are concerned about the effects of Japanese Knotweed on your property… Contact our Real Estate Dispute Resolution team today If you would like to discuss any issue relating to this blog, please do not hesitate to contact a member of the Real Estate Dispute Resolution Team on or contact us via the enquiry form at the top of our Property Disputes page. Ava Bridgwater. How can we help? Latest Insights Blog 16 Oct, Celebrating Black History Month Read more. Blog 11 Oct, Blog 7 Oct, Great service with a smile, Rajan - Google Reviews I marvelled at the speed in which they were able to get to the core of my complex case and identify relevant issues, potential problems and pitfalls; and to provide solutions within a context relevant to my expressed financial means. Tracey Dolan - Client, Family team This is an excellent firm offering services at a city level but without the city prices. Site search Search. To speak to one of our specialist legal teams, please click the button below. Your choice regarding cookies on this site We use essential cookies to make our site work. Accept All Reject All. Our use of cookies. Google Analytics Cookies. Third-Party Cookies.

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