How do I know if I have a claim?
You can only claim damages for Japanese knotweed removal if another person or organisation is to blame. You should get legal advice before you contact the person or organisation you think caused the injury or before replying to any letters or offers to settle your claim.
Who will undertake my claim?
All our claims are undertaken by solicitors with extensive litigation experience who specialise in Japanese knotweed.
Can I claim if I have been aware of the Japanese knotweed for a long time?
If you are thinking about making a claim for damages, it is important to seek advice as soon as you can. This is because legislation prescribes that you must commence your Japanese knotweed claim within certain time limits after discovering its presence. After this, it will almost always be too late.
If you are concerned about whether you still have time to claim, or if you are close to the limitation period, contact Charles Lyndon as soon as possible and one of our specialist solicitors can advise you.
Can I claim for the cost of the treatment if I have already paid for it?
Potentially yes. If there is evidence to support that another person or organisation is at fault e.g. if the knotweed has encroached from neighbouring land or the knotweed was present when you purchased your home, you may be able to claim for the treatment even if it has already been paid for and carried out.
Can I claim if I don’t know where the Japanese knotweed came from?
Yes, we work closely with companies that specialise in Japanese knotweed removal and eradication. In the vast majority of cases, their expertise will enable you to identify the source of the knotweed.
Japanese knotweed is not yet on my property but is threatening to encroach, can I take action now?
Yes, you can seek a pre-emptive injunction to compel the owner of neighbouring land to treat the knotweed which is threatening to encroach onto your land. You can also make a claim for the appropriate guarantees to ensure that your property is protected from future infestation. We can advise you about this course of action.
Additionally, if Japanese knotweed on neighbouring land is having an impact on your property by affecting your ability to sell it or is bringing down its market value then you may have a claim against the neighbouring property owner.
Can I get a mortgage on a house affected by Japanese knotweed?
Almost all mortgage lenders will insist on an approved insurance backed treatment programme being in place before lending against any property. Without the appropriate treatment programme and guarantee for the knotweed, it is almost impossible to get a mortgage.
Is the value of my house affected by the presence of Japanese knotweed?
Unfortunately, yes. Even with a treatment programme in place the stigma associated with Japanese knotweed means that the value of a property will probably be adversely affected by the presence or previous presence of Japanese knotweed. However, if the knotweed has encroached from neighbouring land or the knotweed was present when you purchased your home you may be able to claim for the resulting diminution in value to your property.
Can I sell my house if it has Japanese knotweed?
You can sell your house if it has Japanese knotweed, however you must declare it on the Property Information Form (TA6) and it can prevent buyers securing a mortgage and may decrease the sale value of your property. If Japanese knotweed has encroached from a neighbouring property, we can help you claim for the resulting diminution of value as well as making your property mortgageable.
Will I need to go to court?
Most claims of this nature are settled without having to go to court. If your claim is straightforward and the other side agrees an amount of compensation, you probably won’t have to go to court. Our specialist Japanese knotweed solicitors can discuss this with you in more detail.
Will I have to go to your office?
You won’t normally have to come to our office. Charles Lyndon can handle your claim by phone and email.