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Japanese Knotweed Is Our Friend

44 replies

WoodenJoeNicholas · 03/08/2014 19:15

I have Japanese knotweed growing in my garden and it is preventing the sale of a neighbouring property. I have no intention of doing anything about it.

This is a cautionary tale with resonance for many in the Mumsnet community. It concerns the sale and the purchase of property, fraudulent misrepresentation, professional negligence, the indifference & irresponsibility of county court judges, neighbourliness, litigation, and Japanese knotweed. The action takes place in a shared-freehold Victorian-built house converted in the 1970s into four flats in an upcoming suburb of South London.
The current owners of Flat A moved in to the property in October 2010, and 18 months later they took action to sue their neighbours at Flats B, C, & D.
The previous owner of Flat A had neglected the property causing a problem with damp, and further exacerbated that problem by covering the front garden with a 7-inch high brick patio thus preventing proper drainage away from the building. He put the flat on the market, and he alone filled out the Landlord’s Information Questionnaire when required to by the current owners’ solicitor. He agreed that there was a damp problem and said that he had consulted his neighbours who all knew about the extent of the problem and had agreed to share the cost of putting it right. Not a word of this was true. In fact, he actively withheld the Landlord’s Information Questionnaire from us all knowing that he’d have a row on his hands. In fact he said just what the buyers wanted to hear in order to get them to exchange contracts. So the new owners move in to the flat and when they raise the question of the damp and start asking for money from us all they meet with resistance. Instead of believing us and instead of going after the vendor for fraud, they accuse us of reneging on promises we were never even asked to make in the first place and issue a costs claim against us.
But how could this possibly have been allowed to happen? Surely the buyers had a solicitor acting for them in the purchase of Flat A? Surely fraudulent misrepresentation must be impossible to get past a competent solicitor? Don’t you hire a solicitor precisely to guard against this sort of thing? Well, they did have the services of a solicitor and, in short, he didn’t bother to check the vendor’s representations and make sure that we all knew about the damp and had all agreed to pay a share of putting it right before advising his clients to exchange contracts and buy the flat. This is a shared freehold property where we are all landlord to one another as well as tenants so we should all have been given sight of the questionnaire. The buyers’ solicitor just did not think it was important to protect his clients’ interests. So could they not have sued him for negligence? Well yes they could have done that but they chose not to because their solicitor is a family member and might strike their names from his Xmas card list. So to avoid such catastrophic social embarrassment, the new owners of Flat A chose instead to sue their neighbours.
Although the claim had no merits, our defence in the county court failed and we were forced to agree to an odious settlement. Legal aid is not available in cases like this and we had to act on our own behalf as litigants in person. As compensation for their conveyancor’s negligence, the owners of Flat A were offered the services of a litigator on tap by the same firm who mishandled their conveyancing, while we had no choice but to represent ourselves. The court is always dismissive of self-representing litigants, and the vendor’s fraud and the solicitor’s negligence counted for nothing in our defence.
Recently, flush with their success in the county court and having roundly defeated their opponents, the owners of Flat A, now the proud parents of a one-year old, put their flat on the market. Their buyer’s survey identified Japanese Knotweed growing in the garden next door and also in my portion of the back garden. A further report obtained by & paid for by the owners of Flat A showed that the Japanese Knotweed is at such a distance from the building as to pose no present or future threat to its structural integrity, but their buyer was still unable to obtain a mortgage and was forced to pull out. The price was dropped by £45K but this in itself did not make the Japanese Knotweed go away nor did it change the policy of any mortgage lender and the flat has now been withdrawn from sale.
Their Japanese Knotweed “expert” (i.e. the bloke from the fast-failing garden centre down the road) who wrote their report was heard to tell the owner of Flat A to have a solicitor’s letter sent to his neighbours and so intimidate them into taking action to remove the Knotweed. The upshot being that he would get the contract to remove it. However, he must have known that the Japanese Knotweed was no threat to the building and that the presence of Japanese Knotweed in a garden is not in itself illegal. He was banking on our assumed ignorance of the law. You are liable only if you have caused it to spread into the wider environment or if the Japanese Knotweed in a neighbouring garden can be shown to stem from any Japanese Knotweed that may be in your garden. Neither scenario is applicable in my case. Removing the Japanese Knotweed from my garden would be costly & inconvenient and would serve only to allow my hated neighbours downstairs to sell their flat. They are now getting a well-deserved comeuppance for their dishonest claim and for the stress they inflicted on us all, and there is not a thing they can do about it. They must now live for the foreseeable future in a pokey flat too small for them and a growing child, surrounded by neighbours they have actively alienated for the past three years, and with the prospect of having to shell out for their share of the cost of repairs to an ageing building they do not want to live in and which they cannot sell. Japanese Knotweed truly is our friend.

OP posts:
Lally112 · 06/08/2014 23:38

Doesn't diesel kill it? I don't know - we don't get it in Scotland - to facking cold hahhaah.

burnishedsilver · 06/08/2014 23:42

Surely the best option for you would be for the neighbours to leave in the hopes of having better neighbours next time. Why on earth would you force them to stay?

cricketpitch · 06/08/2014 23:48

I DO understand.

It is hell - and you have done nothing wrong but people don't like to read about "schadenfreude" as it isn't a nice side of any of us, (but a very real side). They missed the point that you didn't GROW the knotweed you just don't see why you should go to special lengths to help neighbours who sued you.

If you look at the vitriol that arises out of threads about parking or perceived slurs and compare it with what you had to go through the way you feel should be understandable.

Home owning has changed and people are greedier and care less about their neighbours so I am afraid this sort of thing is becoming more common. Sooner or later you may move - I hope to better circumstances.

( I have a few problems here now too and was joking with my adult Dc that I was going to buy some Japanese Knotweed seedlings and distribute liberally amongst the neighbouring gardens! Do they sell it at Homebase?) Wink

CeliaBowen · 06/08/2014 23:55

I may be wrong but I am pretty sure it is a notifiable weed and if you do not take steps to remove it, especially if you encourage it to grow, you can be prosecuted.

CeliaBowen · 06/08/2014 23:56

cricketpitch don't be daft about buying it... it is an offence to grow it so no, you can't buy it at Homebase. Hmm

burnishedsilver · 07/08/2014 00:08

But cricket pitch, letting the neighbours go would be in her own best interests. Nevermind helping the neighbours, she'd be helping herself.

wooden, you're your own worst enemy.

cricketpitch · 07/08/2014 00:39

Celia OF COURSE I was joking!! (I even said I was joking!) I wouldn't dream of doing something like that - even if I could!!! and obviously Homebase don't sell it!

I do see the point about helping yourself by letting the neighbours move - but who knows the next ones could be worse. (Optimist!! Grin )

It is also a question of needing to disengage though. They have cost OP a fortune, made his/her life hell - in any situation like that usual MN advice is walk away. The removal process could be difficult, stressful, involve these people in his garden.....

It isn't the OP's responsibility just as it isn't yours to help your neighbour to get a better price for his house by tidying up your front garden during viewings or help the kid who has been bullying your child to get a place at an oversubscribed school. You wouldn't stop them or spite them but you wouldn't spend time and money to help them.

Sooner or later the neighbours will find their own way out of this, (renting, dropping the price, maybe even offering to pay for the removal and compensate the OP for the inconvenience rather than try to bully/ cheat him into doing it)

However it turns out I hope it works out for all concerned but I think the OP was trying to say that if everyone started off by playing fair it would be a better world for everyone.

externalwallinsulation · 07/08/2014 11:33

This story makes no sense at all, and I smell a great rotten FISH.

First of all, even if this story were true, the real baddie would NOT be the current neighbours, but the previous neighbour who 'lied' about the damp problem being a collective issue. The current neighbours moved in with good faith, and found that the flat had problems.

Second of all, when it came to the court action, it cannot be true that 'the claim had no merits'. Actually, the current neighbours demonstrably DID have a case, because a court - full of property lawyers and experts - decided that the damp problem WAS a collective one and that the cost should be shared. I highly doubt that any lie about a previous 'agreement' had a thing to do with this judgement. I think the truth will be that the arrangements between the owners were such that this genuinely was a collective responsibility. Should the other owners really have felt that they had a counter-case, they could have appealed the decision. The fact remains: the court decided AGAINST the OP. It is simply not true that courts dismiss self-representing litigants: on the contrary, they go to great lengths to help them.

Thirdly, not removing Japanese knotweed from your garden if you have it IS very much 'doing something wrong' - however awful the neighbours are, and whatever the history with them is. (And I know what a misery it can be to live with awful neighbours, believe me!). Two wrongs don't make a right, and everyone knows that this invasive plant can wreck both property and lives and to allow it to spread, unchecked, is plain antisocial.

externalwallinsulation · 07/08/2014 11:38

I suspect the reason for this post is that the OP thinks that the neighbours use Mumsnet, and putting the story on here is a way of bullying and taunting them through the walls.

I really, really hope the neighbours see it, because I think the OP may just have handed them a confession of deliberately and maliciously growing the plant, which may hold up in another court case.

wowfudge · 07/08/2014 13:33

I don't understand why the other 3 freeholders didn't act when the original owner of Flat A put a brick patio in.

enriquetheringbearinglizard · 07/08/2014 15:06

Nor do I wow
In a case of shared freehold aren't all the freeholders equally responsible for the whole, therefore if there's a problem with damp in the fabric of the building, all the freeholders, or the limited company which holds said freehold are responsible for making good and maintenance?

I would fear that rather than cocking a snoop at the hated neighbour this issue will, in time, further impact on the freeholders en masse.

Invasive weeds don't know about ownership and boundaries and whether or not they endanger the stability of a building, they can certainly impact upon its marketable value.

I've also fallen foul of property issues when the vendor outright lied and mislead both us and the solicitors. Decided to suck it up and suffer the financial losses rather than have the hassle of court action and fights with co freeholders, who of course, are also neighbours.
Undoubtedly though I'm fairly certain we could have won a case against the remaining freeholders who are directors of the company which owns the freehold and administers the building.
Everyone takes their own view I suppose but I think the OP's current response is a short sighted one.

burnishedsilver · 08/08/2014 11:51

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Cheeky76890 · 08/08/2014 13:01

How did the resident cause the damp?

Cheeky76890 · 08/08/2014 13:03

Is the damp sorted now? Damp isn't really something people would want to live with for health reasons.

Cheeky76890 · 08/08/2014 13:04

I would say you are all equally responsible in sorting out the damp whether you had agreed to or not.

PolterGoose · 08/08/2014 17:21

This reply has been deleted

Message withdrawn at poster's request.

WoodenJoeNicholas · 10/08/2014 18:58

Externalwallinsulation - you obviously live in a suburban fantasy world if you imagine that the county court is filled with property lawyers and experts just hanging around its corridors and staircases in the hope that their cost-free expertise may be required, and where judges and court officials bend over backwards to assist self-representing litigants. My account is written from two years' first-hand experience. What is your experience of these matters?
As for the Japanese Knotweed, I did not "grow" or cultivate it. Why do you presume that I did?

To the various respondents who have commented on the damp - damp is not the responsibility of the Landlord if it was caused by the occupants' mismanagement of their own property - i.e. their failure to properly heat and ventilate their living space. The damp problems were caused by the previous owner's neglect of his own demised living space, further exacerbated by him building the patio. I asked him not to build it, and he threatened to take me to court. The damp was not caused by structural damage or defects to the building, and no repairs have been carried out to the building following the litigation.

OP posts:
wowfudge · 11/08/2014 12:01

So OP - did you pay damages and costs to the claimants after the court case? And on what grounds did they 'win'? Have you and your fellow freeholders sued the original owner of Flat A?

It feel there is significant information missing from your posts to fully understand the situation - has the damp issue in Flat A been fixed and, if so, how?

WoodenJoeNicholas · 17/08/2014 19:49

Thank you wowfudge.

We could not risk it going to a full trial as we were without representation, we were ground down by the litigation, and the risk of losing was too great. The owners of Flat A knew this and instructed their litigator to turn the screws on us at every opportunity. We were forced to accept an odious and punitive settlement. We did not sue the previous owner of Flat A because, in law, the fraud he committed was committed against the buyers and not against the freeholders. The buyers deflected their ensuing loss onto the rest of us.

Similarly, we could not sue the buyers' solicitor because they were his clients and his failure was a failure to protect their interests. Despite the fact that his negligence had consequences for all of us, he had no professional duty of care towards the freeholders. Again, the buyers deflected their loss onto the rest of us with the help of a litigator provided by the same firm of solicitors to compensate for their clients' loss and to help rescue the reputation of the firm. We did report their solicitor and their litigator to the Solicitors' Regulation Authority, but they turned out to be a paper tiger.

There is (as I am sure you know) no such thing as "rising damp". The damp in their flat was the result of a failure to heat & ventilate the space affected, added to which the former owner had built a seven-inch high brick patio over the front garden. This patio continues to prevent proper drainage away from the building and has created channels in which rain-water gathers and has nowhere to go other than into the brickwork. The owners of Flat A commissioned reports & surveys only from firms that install damp-proofing. And guess what they recommended? That's right - a damp proof 'remedy'. The damp-proofing industry must sell damp-proofing or they'd all be out of business, but the damp-proofing merely retains water in the brickwork, and this is an ongoing and unresolved problem. The damp-proofing only benefits the owners of Flat A, adds nothing to the freehold value of the building, and will cause structural problems in future.

We could have sued the previous owner for building the patio but would have had to prove that he built it, and did so without the agreement of the other freeholders. After all, he lied about so much else.

OP posts:
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