We’re just getting the ball rolling with selling my Nans house. About 5 years ago I noticed a single stem of JK growing in a small confined area of her land. I started treating it to kill it off (chemical injection and shielding from sunlight) then digging out the roots and repeating the whole process as and when any new growth appeared. This process has worked and there has been no JK growing for the last 18 months. With this in mind do we need to inform the estate agents? I’m of the view that there is no need, however my Dad is cautious and wants to inform. WWSTWD?

See how the questionnaire that the solicitors send you is worded and answer truthfully. You don’t need to be proactive. Worst case is they’ll request a survey or indemnity insurance.

As I understand it, the seller will have to fill in a form(TA6?)which asks the specific question have you knowledge of knotweed ever being present. You have three available responses- yes, no and don’t know. It is likely that your dad should legally respond yes, but this my then lead the buyers solicitor to request evidence of professional treatment. If you answer no and it is discovered then I am not sure of the consequences. If you reply don’t know they may request a knotweed survey, which may well be passed in your situation.

Thanks, we’re at the questionnaire stage though I haven’t read it yet. I’m happy to change my opinion and notify them to cover our backs for any potential future issues.

Thanks both

Note: Japanese knotweed is an invasive non-native plant that can cause damage to property if left untreated. The plant consists of visible above ground growth and an invisible rhizome (root) below ground in the soil. It can take several years to control and manage through a management and treatment plan and rhizomes may remain alive below the soil even after treatment.
7.8 Is the property affected by Japanese knotweed?
If Yes, please state whether there is a Japanese knotweed management and treatment plan in place and supply a copy with any insurance cover linked to the plan.

Looks like there’s room for interpretation depending on the exact wording of the version of the TA6 you receive.

How can you be sure that what you treated was Japanese knotweed?

It definitely was JK, stems, leaves, roots, colour, growth etc etc. Plus I’m a gardener who’s seen it elsewhere.

It definitely was JK

Confident Houns would know knotweed if it was there.

The question there is “is it affected by” which is current tense. Depending when you last had it, “no” may well be truthful. But if it pops up again in the spring….

We’ve been free of it all 2021. So confident I have seen it off, but best be open to cover our backs

Where is the source? Was it brought in material or is it just marching in from neighbouring ground?
If it is not being controlled on neighbouring ground and you have no current signs of it, just point over the boundary for any future growth that may appear.

If professionally removed, you/buyer could probably build a bunker or swimming pool in the hole.

You are much more honest than me. If you’ve never paid for anyone to come in professionally, there is no record and you are confident that’s it is fine then I wouldn’t say anything on the form

What come back would a potential buyer have? Assuming they notice some next year, can they prove it was there before and that the seller knew this at point of sale?

can they prove it was there before and that the seller knew this at point of sale?

All boils down to ‘are they on STW?’

I think it was brought in via a small potted conifer that was planted there. A neighbour saw me treating it as it was at the front of the house, so if it reared it’s head in the future after we say we know nothing of it wouldn’t look good in court!