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Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2386
Experience:  CILEx Lawyer
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L am selling a property the sale has fallen through as the

Customer Question

l am selling a property the sale has fallen through as the surveyor flaged up knot weed on the land next door. It has not yet spread to my property. But is within 7 meters of my boundry have contacted the owner but don't seem to be getting anywhere. This is going to prevent me from ever selling my house unless this is sorted out .Can you advise what l should do
Assistant: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: l live in South Wales The property is in South Wales GB.
Assistant: What steps have been taken so far?
Customer: I have been in touch with the person who's land it is. First he said he would sort it out so he cut it all down. l have explained that this won't get rid of it and it will need to be treated. l asked him to let me have a copy of a treatment plan by this weekend but have not received a reply to date.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: l think thats everything
Submitted: 7 months ago.
Category: Law
Expert:  Lawyer21 replied 7 months ago.

Hi How can I help?

Firstly sorry to hear about your situation and that the sell has not gone through.

An owner or occupier of land is not obliged to control, remove or treat Japanese knotweed on their land. They can be liable, however, should they allow the knotweed to spread onto neighbouring land. You can use the surveyor report for this.

You could then issue private nuisance proceedings in the Civil Courts for:

  • damages for loss of enjoyment and diminution of value;
  • the costs of removal; and
  • an injunction against re-infestation.

Even if the knotweed does not spread, there may still be liability for the diminution in value of the neighbour’s land for the knotweed simply being in the vicinity.

In addition, Local Authorities have the power to serve notice on an occupier of land containing knotweed. This notice can require them, within a set period, to remedy any knotweed which could adversely affect the amenity of an area. Failure to abide by this or to properly dispose of the knotweed (such as discarding it in the wild) can lead to criminal liabilities.

I would strongly suggest you take this up with your local first!

Expert:  Lawyer21 replied 7 months ago.

Thank you