Japanese Knotweeds

Japanese knotweed grows very fast and can seriously damage your property and reduce it’s value.  The Environmental Agency in the United Kingdom describes Japanese Knotweed as one of the most destructive, invasive, and aggressive plants in the country today. If Japanese Knotweed is spreading on your property from someone else’s land, you can claim compensation.

How can Driscol Kingston help?

 

  • Remove the plants in full by a professional with up to a 10 year Guarantee.
  • Recover the cost of Repair to the damage caused to your property.
  • Claim compensation for the reduced market value of your property.
  • We will settle your claims quickly.
  • Our team works on a no-win-no-fee basis.

We at Driscoll Kingston have a specialist team experienced in dealing with Japanese Knotweed.  We will claim on your behalf compensation for the damage done to your property due to Japanese Knotweed invading your property caused by the negligence of another person. All landowners are responsible for taking steps to prevent avoidable damage to neighbouring properties.

 

What is japanese knotweeds?

 

Fallopia Japonica or Japanese Knotweed is a fast growing and invasive plant within soil, from a fibrous rhizome with a creeping root system. In was first introduced into the UK in 1825 as an ornamental plant but has been allowed to grow wild. Network rail actively planted Japanese Knotweed to strengthen embankments and other areas of land alongside tracks. The plants can grow up to a height of four metres and can grow almost anywhere. The creeping roots will reach three metres deep in the soil and can spread up to seven metres in all directions. Japanese Knotweed damage can be severe. It is very difficult and expensive to remove once it is on your land. Even if the smallest piece of root is left in the soil the weed can re grow very quickly. The plant spreads fast, up to 8cm daily in the Spring growing months, and its roots can break through concrete. As Japanese Knotweed can grow anywhere it tends to spread through large areas of land that haven’t been looked after by their owners. These sites can include railway tracks; rivers; construction sites etc. If your property is close to areas like these then you could be at greater risk from the spread of knotweed.

 

Why is so dangerous?

 

Japanese Knotweed not only ruins your garden but also causes serious damage to the structure and drainage system of your property. You need to keep the growth of the plant under control to prevent such damage to the property.  Japanese Knotweed becomes a big problem for homeowners because it causes potential issues when you could to sell your property and reduces the value. Even if no damage has yet been caused the value of the property can still be greatly reduced. Mortgage companies will not lend money against properties affected by Japanese knotweed. You will find it harder to sell your property if there is evidence of Japanese Knotweed. You cannot conceal the fact of the presence of Japanese Knotweed on your property and sell it to an unsuspecting buyer. To do so would be an act of misrepresentation. If you purchased a property and obtained a home buyers survey and It subsequently transpires that the property had knotweed, but the surveyor failed to pick this up then we can claim compensation against the surveyor. If You purchased a property, but the seller has failed to tell you that they had a problem with Japanese Knotweed then we can claim compensation against the seller.

 

What does Japanese Knotweed look like?

 

Japanese Knotweed isn’t a native species to the United Kingdom. The plant came to the country in 1825 from Japan.  During Spring, you will see red/purple stalks in the ground which will then sprout into young green spear like leaves with red veins in the middle, which can grow up to 12 cm long. The stems look like bamboo. They become hollow when mature. The root of the plant has a brown exterior and golden interior. The plant blooms between August and September with white flowers. You need to identify the plant before making any claim for the spreading of Japanese Knotweed in your garden.

What are the risks?

 

If you have invested in a land with Japanese Knotweed, you are responsible for all liabilities associated with the spreading of the plant. If the plant spreads to neighbourhood properties, you are responsible for removing the plants and repairing the damage to the neighbourhood property. The Court of Appeal ruled in the case of Williams and Waitsell vs Network Rail Infrastructure Ltd in 2018, that even without physical damage to the property, a landlord can claim compensation for private nuisance when Japanese Knotweed spreads to neighbourhood gardens. The courts have made it clear that you should try to do everything reasonably possible to prevent the spreading of Japanese Knotweed in your garden as well as neighbourhood gardens. If not, you are responsible for paying compensation to your neighbours for the damages caused by the spreading of Japanese Knotweed.

 

How do I remove Japanese Knotweed?

 

Removing Japanese Knotweed is a difficult task. Firstly, the stems are cut back to the ground as far as possible and then treated with Herbicide, along with stem injection and in some instances excavation of the infected area. Once the plant seems to be gone, you will need to make sure the root has been eradicated completely. the Japanese Knotweed needs to be transferred to an off-site burial which can be expensive. The plant is classified as “controlled waste” in the UK, so a sifting and screening service will remove fragments of the root and rhizomes from the soil.We will assist you in locating professional help to remove the Knotweed and claim compensation for the cost of doing so on your behalf.

 

 

How does no win, no fee work?

 

Our Japanese Knotweed compensation claims work on a No Win, No Fee basis. This means that if we are happy that you have a potential knotweed claim, and you are unsuccessful in your claim, you do not pay any legal costs. If we are successful in your claim, we deduct an agreed percentage of the claim from any compensation received on your behalf. This is a separate fee to the cost of any treatment or professional Japanese Knotweed removal costs. This means there is no financial risk to you by carrying out a Japanese Knotweed claim.

Who Can Claim?

 

If Japanese Knotweed spreads on your property because your neighbour didn’t control the plant on their land, you can claim compensation against the neighbour. When you are buying property, the seller should tell you if there is a Japanese Knotweed issue. If not, you can claim compensation from the seller.

Why should you choose Driscoll Kingston Solictors

Driscoll Kingston Solicitors’ mission was to create a fresh, modern and dynamic nationwide law firm with a focus on client care and access to justice for all. We provide specialist legal services in civil litigation including Housing Disrepair, Debt recovery, Japanese Knotweed, Data breach Claims, Uber Claims, Business Interruption claims, Personal Injury and Wills and Probate, dealing with both corporate clients and individuals across the whole of the UK.

With over 30 years’ experience our reputation has been built on client care and an aggressive willingness to win cases obtaining the maximum level of compensation available to our clients through the expertise of our partners and staff.

With state-of-the-art I.T. and an extensively developed case management system we are continually investing in the professional development of our staff to ensure that the level of legal expertise we provide is fair and accurate.

At Driscoll Kingston Solicitors we understand that the claims process can be overwhelming and stressful; Driscoll Kingston Solicitors aim to take the stress out of this process and pride ourselves on being able to provide a quick and efficient service to our clients while ensuring that their needs throughout the claims process are met.

You are assigned a personal handler who can guide you and remain in contact with you throughout. We aim to deliver a fast and efficient service to you that does not compromise the quality and reliability. Our fees are highly competitive within the industry. We are very transparent with our fees and do not have any hidden fees. With over 10 years in the legal industry, we are one of the more experienced and reliable firms in the UK. 

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