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I don't know who to go to first.

9 replies

StandardViking · 15/08/2018 07:23

We completed on our house on the 22nd of June this year. It's on 1/4 of an acre, but the garden has not had anything done to it for years. It has been owned by the same people for 35 years, and sold by the children after the owner died. They all live nearby and visited regularly.

Yesterday I was doing stuff outside when I looked into the overgrown hedge and ditch, which seperates the boundary and I find Japanese Knotweed. Angry
The sellers pack reply to the JK question was ''No'' which was then crossed out and ''not known'' was written.
The neighbours are away for 5 weeks, so I went round to their side, and found an utter bloody jungle of the stuff. And it is quite obvious they have just been chopping bits back, and leaving it, and the whole lot is spreading along the ditch to our tree line and garden. Our property is less than 5 metres away.
I have rung the council, and someone from environmental health is meant to be contacting me.
Where do we stand? Who do we go to? Do we have any comeback from the seller? Help please, and no, it wasn't visible when we viewed!

OP posts:
lastqueenofscotland · 15/08/2018 07:36

Surely your surveyor should have found it? If they put not known I think it would fall to you/your solicitor to question this further.

Finally are you sure it’s not bindweed

NearlySchoolTimeAgain · 15/08/2018 07:39

Or Himalayan balsam?

wowfudge · 15/08/2018 07:39

You'd have to prove that the sellers knew there was JK and didn't tell you. You can read all sorts into the reply on the form, but it could simply have been an honest answer.

If the JK is on the neighbours' land and encroaching on your property then by law they need to deal with it. I imagine if they know what it is they will be annoyed you have alerted the council, but it sounds as though they have been negligent in not dealing with it properly. An insurance backed treated programme can be put in place at the neighbours' expense.

Do you have legal cover on your home insurance policy? If so, you might want to contact your insurers about it, but bear in mind that you will have to declare the JK nearby in future when you come to sell.

As an aside, there was a news item about it recently where it is now thought to not be as destructive as was thought - it exploits gaps and cracks rather than causing them. Good luck with getting it sorted.

BlueLemon · 15/08/2018 07:41

Back to solicitor op i think

mangocoveredlamb · 15/08/2018 08:17

There was a segment on radio 4 about JKW in the last couple of weeks. Apparently not nearly so worrying as previously thought. Not great, but the 7m rule was based on science that now seems shaky at best.

I agree, go back to your solicitor as the first port of call!

StandardViking · 15/08/2018 08:57

Just uploading a pic from my phone. It is definitely jk. Thanks for the replies I will read them properly from the laptop

I don't know who to go to first.
OP posts:
wowfudge · 15/08/2018 11:24

That's JK, you are correct.

StandardViking · 21/08/2018 15:14

I'm back lol! No joy with Solicitor, as it would be very hard to prove they didn't know it was there.
Survey wouldn't have found it as it wouldn't have been in leaf or growing when it was done.

I have chased the district council, who have fobbed me off by saying it is up to the land owner to deal with it. My reply was; and what if they don't /won't? Then told to go to defra! Angry

Off to county council now, but if you have any other suggestions please? Cake Wine

OP posts:
wowfudge · 21/08/2018 15:51

Wait until your neighbours are back from their five weeks away? In the meantime, take lots of photos as proof.

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