Problem in the Garden - It is Knot a Weed...

When you are selling a property you are required to complete a form called a Property Information Form also known as a TA6, which details useful information for a potential buyer.  Included is a question asking "Is the property affected by Japanese Knotweed?". So how would you answer it and what exactly is Japanese Knotweed?

Officially known as Fallopia Japonica, Japanese Knotweed was first brought to the UK in 1829. To identify it, you need to be looking for a plant that has the likeness of bamboo, but that actually flowers with white flowers in the autumn. You would probably think it was just another general garden weed and is not something that is obvious to most people; unless you went looking for it with a photograph and searched your garden you would be unlikely to even know if it was there.

It is, however, very different to a general garden weed, it grows at an extreme rate - up to 10cm per day - with a root span of up to 7 metres and a height of up to 4 metres.

The problem is with its growth and the destruction it causes. The underground growth can find "weak spots" in properties such a small cracks and can therefore cause problems with the structure of buildings as well as causing damage to patios and driveways.

From a legal perspective it is illegal to plant or encourage the plant to grow in the wild and although it is not illegal to have it in your garden or on your land, you can be liable to your neighbours if it were to spread to their garden so it is essential you monitor it and its growth if you are aware you have it.

If you do decide to remove it, it is not a simple application of weed killer. Once removed, it is treated as controlled waste and cannot just be dumped in the usual way, it must be taken to a special licensed landfill site and to do this you would need to give them notice and paperwork would need to be completed. Disposal of it is to be done in accordance with the Environmental Agency’s Guidelines and any Local Authority guidance.

To get to the point of disposal, you will need effective treatment of the weed, usually needing to employ a specialist company who deal with it in various ways depending on the extent of the problem and the requirements of the customer.

Some treatments they can use are:

• Stem Injections or Spraying: A mixture of treatments can be used to prevent the growth of the plant or can also eradicate the plant. This is a gradual treatment and can mean various visits.
• Excavation of the plant: Japanese knotweed you can visibly see has underground rhizomes and roots which you cannot.  Instant eradication can sometimes involve excavating all the soil to the full depth and spread of the rhizomes and roots, to ensure that all affected ground is removed.

So, when completing the TA6 form, the Seller must be honest with their answer, they cannot keep the knowledge of it to themselves and hope the Buyer does not notice or their surveyor does not "pick up on it". If the Seller is aware they are under an obligation to inform a potential Buyer and if they do not, they could face a claim for misrepresentation.