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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7676
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have just purchased a house and in the survey the seller

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I have just purchased a house and in the survey the seller wrote that he did not know if the was Japanese Knotweed in the garden, however we found heavy weight plastic under bark chippings and knotweed has appeared, have we any re-course
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Provided that the Seller was not aware of the knotweed there will not likely be much that you can do.
Where a seller states that they do not know/are not aware no warranty is given, this means that you generally cannot sue unless there is misrepresentation. Furthermore, the seller is not regarded as an expert in Japanese Knotweed so no knowledge of the seller is assumed which would mean that they would easily be able to identify the knotweed if it was minorly present.
Basically, if they said they were not aware and there is no evidence that they were then you are likely stuck.
If the plastic under the bark chippings indicates that they have attempted to cover it up the you may be able to sue them, but it’s far from certain. I would contact you solicitor acting in the purchase and ask them for their view and then issue a letter before action to the Seller is the plastic does imply that they were aware of knotweed.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
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