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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70511
Experience:  Over 5 years in practice.
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Hello, We own a ground floor victorian flat, divided into

Resolved Question:

Hello,
We own a ground floor victorian flat, divided into 3 flats all owing eqaul parts of the free hold. The garden is also divided into 3, ours being closets to our flat. The middle garden which is owned by the 1st floor is apox 20 meters in length and we have recently discovered Japenese Knotweed in their Garden aprox 12 meters from our garden. The first floor owner wants all 3 Freeholds to share in the cost of removing the Knotweed. We disagree...
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis does the owner one you all to contribute when you do not have a share of that garden?
Customer: replied 3 years ago.

HI,

Sorry I don't understand?

We all own clear sectioned pieces of the garden?

Expert:  Remus2004 replied 3 years ago.
What I was getting at was basically asking the question as to why the owner of that property thinks that you should pay when you do not use it and you do not share it. You have no liability in this respect.
However even though this is notifiable waste when it is removed, it is not a notifiable plant and he can continue to let it grow. The cost of remedying this is not cheap and whilst you actually have no liability to pay this, you may prefer to do that and share the cost rather than have it spread into your gardens or bring a claim against him in common-law nuisance which is debatable as to whether you would win it or not. He has not caused this nuisance, he is simply on the receiving end of some seeds which have germinated.
However to answer your initial question, you have no liability to pay for it and neither have any of the other flat owners, it is the owner’s problem.
Can I clarify anything for you?
Jo
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