What Is Japanese Knotweed?
Japanese Knotweed is an invasive plant that is notoriously difficult to get rid of. If left unchecked, it can cause serious damage and can be very expensive to eradicate.
That’s why you can make a claim for compensation if someone else’s negligence has meant your property is infested with Japanese Knotweed.
Originally, the plant was introduced to the UK by the Victorians as an ornamental plant. But, it then became used to strengthen structures such as railway embankments and canals due to how strong and deep the roots grow, which helped keep these structures stable. However, that is what also makes this plant such a problem when it is not kept in check.
If you think you have an infestation, you should check whether or not it is Japanese Knotweed, or something else. Always err on the side of caution, though. And, if you do have an infestation, you may be able to make a claim for compensation.
How Can I Get Compensation on No Win No Fee?
There are a few key scenarios where you may be eligible to claim. They include getting Japanese Knotweed from neighbouring land, such as a railway embankment, or not knowing that property you’ve bought already has an infestation. We go into both of these in more detail below.
Japanese Knotweed from Neighbouring Land
Often, Japanese Knotweed will spread from land that is not being properly maintained. If a landowner neglects to keep Japanese Knotweed under control, and it then spreads to your property, they could be liable. Because of that, you could claim compensation from the owners of that neighbouring land.
In our experience the most common offenders are:
- Network Rail, who let the problem spread almost unchecked along railway embankments
- Local Councils, who let the problem gather on abandoned or untended land
- Highway authorities, which let the weeds spread along abandoned tracks and verges
- Large builders and companies, churches, or schools which own large estates but don’t take proper steps to deal with the Japanese Knotweed
- Although it is possible, it’s less common for the plant to originate from residential land. Much more common is for the infestation to spread from industrial land, or very often strips of land used for railways.
Network Rail have had several claims made against them for this reason. The court made it clear that Network Rail will be liable if they allow Japanese Knotweed to invade a neighbour’s land. In fact, Chris Rudd was the lawyer who started the claim of Williams v Network Rail Infrastructure Ltd.If you want to make a claim for yourself, scroll down to find out how to get started.
Seller or Surveyor Did Not Inform You of Japanese Knotweed
Rather than the plant becoming a problem on land you already own, it may be the case that you were not informed that Japanese Knotweed already existed on a property you have purchased.
There are a few circumstances where you may not have been informed:
- A surveyor who carried out a survey on the property did not mention the Japanese Knotweed to you when they had a duty to do so
- The seller made misleading statements to the effect that Japanese knotweed was not present, preferably in writing
- The seller did not not fill in the seller’s Property Information Form (TA6) honestly, and they failed to notify you of problems with Japanese knotweed when they clearly knew they had a problem
In any of these cases, you could be owed compensation in the thousands. Keep reading to find out how to get started with a claim.
Make A Claim with Chris Rudd Solicitors
Call us on 0129 351 350 or send us an email to get started and find out if you can make a claim – and how much compensation you could be owed.
On successful conclusion of a claim we can force the party at fault to:
- Permanently remove all the weeds.
- Pay for an insurance policy which covers you if the Japanese knotweed returns.
- Pay you compensation, as well as refunds for any losses you suffered – the compensation you are paid is likely to be over £10,000 and may even be over £20,000.
And remember – we can do this on a no win no fee basis so it needn’t cost you anything. Give us a call now and see what we can do for you.