Knotweed problem

[Roussette]

I wonder if there are any conveyancing solicitors on here?

My DD purchased a leasehold flat from the free holder (building has 2 flats and 1 shop, with 3 leaseholds including DD). It's a terraced building, she is on 1st floor, shop on ground floor.

She has found out there is knotweed in the garden below (which is part of the shop) and that the knotweed was there before her purchase from the freeholder (and was not declared on the TA6 form)

She thinks it's the shop leaseholder's responsibility to now sort it. However, where she and I are unclear is regarding the TA6 form. The question asks whether there is knotweed on the property (the seller/freeholder answered NO). We are concerned he might try to argue that this is correct as the garden isn't technically part of her property. However, the knotweed is growing up the side of the house so directly impacts her flat.

She's spoken to one solicitor who said that whilst that question doesn't relate to her flat directly, the seller should be legally obligated to declare it because of the impact it can have in general.
Is that correct?

If there's anyone on here who knows anything about this knotty issue, I'd be really grateful (pun intended!)

The law is clear. It should have been declared snd the vendor could be sued for not declaring it. It’s now her responsibility and if it spreads, it’s anti social behaviour if you don’t deal with it. There’s no time to waste in my view. Get a authorised contractor to eradicate it. Then sue the vendor for the cost and see what happens. But she must get it dealt with. Urgently.

Thank you.

We are thinking it is more the ground floor flat's responsibility, than her on 1st Floor as I believe the leaseholder saying 'No' to knotweed will argue that it isn't her garden.
It's quite complicated but she is taking lots of advice.

Who is the leaseholder for the land? The owners or lease holders are responsible. It must be dealt with though. If the first floor flat has use of the land then it could be her responsibility too. Depends what the lease says. My DD has a first floor flat but everyone in the block is responsible for the garden. This awful weed must be sorted though.

What part of survey did your daughter get done? This is the sort of thing that should be picked up in that - unless it was the cheapest valuation option.
If I was selling now I’d say no to knotweed as I’ve no idea what it looks like to be honest.

idont I imagine that ignorance isn’t much of a defence to be honest. If you’re filling out an incredibly important legal form that specifically asks if you have knotweed wouldn’t you at least google a picture of it before just shrugging and ticking ‘no’?

The question of survey still stands. A lot of lenders won’t lend on properties affected by knotweed or would want treatment before lending. If it was not picked up on the survey then how visible was it?
Yes I’d google it. But I wouldn’t go around inspecting every leaf in the garden.
I am however not a solicitor. I just know on every house purchase I have had a decent survey done to pick up on issues like this.

@My0My
No, my DD has no use of the land, she has no access to it. It is at the back of the shop which has sole use. It is a typical London street with rows of shops that have flats above. No access whatsoever except through the shop. She has no responsibility for this yard at all, but the fact the knotweed is there is going to cause her problems when she sells. I have a feeling she may have to go down the legal route to get anywhere

I do know that ticking the box 'NO' because you didn't know is absolutely no excuse. Before you tick that box, you have to verify that you don't have knotweed within 3metres of the property.

She had a survey but they obviously didn't go into the shop below's yard out the back and she relied on the TA6 form to alert her to any knotweed that might cause her flat a problem. it can get into pipes, foundations, walls etc, and she had no idea it was out the back of the shop below.
She has had a knotweed specialist round, they've given quotes, it's a massive job to eradicate it, it takes years and is v expensive, and really should not be her contributing.
Not her property but affects her property!

i do appreciate the responses here, thank you.

I guess that’s the problem then. No one taking responsibility.