Forum home Problem solving
This Forum will close on Wednesday 27 March, 2024. Please refer to the announcement on the Discussions page for further detail.

Japanese Knotweed on neighbour’s property

135

Posts

  • Hostafan1Hostafan1 Posts: 34,888

    tina, you have a legal responsiblity to tell prospective buyers about J K.

    Devon.
  • cc120cc120 Posts: 29

    Hi pansyface, I would think the terms of the guarantee would pay for another company to do the work should they go bust. Even if I killed and stayed herre for 10 years, would still be known I had jk once, and new buyer/mortgage company would still require another 10 year guarantee.

    The surveyor from the www.japaneseknotweed.co.uk company was certain that the jk originated from the neighbour. But that and the boundary would still have to be proven in a court.

    Dovefromabove, if I was to take the Housing Association to small claims court, wouldn't the same legal issues come up, boundary and orgination of jk?

  • fidgetbonesfidgetbones Posts: 17,618

    I suspect that a letter from you to the director of the housing association, setting out the problem, the cost, and a promise to take the said association to court, should get some action. They will not want to pay lawyers expenses either.

    Worrying about the ten year guarantee is wasting time, all the time  it is spreading. Spray it now.

     

  • DovefromaboveDovefromabove Posts: 88,139

    Yes, but your property deeds should be pretty clear about the boundaries and if you got a Chartered Surveyor to inspect the deeds and do a visual inspection for a report of the boundaries, stating clearly his/her professional opinion as to the situation of the boundaries I should think that ought to be enough to satisfy a judge in the small claims court about whose land the JKW has spread from.  And you have a report from the surveyor of the JKW company stating that it is JKW and where it has come from.  You could represent yourself but it's likely that the Housing Association would feel that if they were going to fight the case they'd need a legal team - they'd probably cut their losses and pay for the professional treatment. 

    I think it's worth considering - However I do know people who have taken big companies to the Small Claims Court themselves and won.


    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • cc120cc120 Posts: 29

    Dovefromabove, A chartered surveyor would cost approx £200, his statement regarding boundary doesn't suggest where jkw originated, but as you say the jkw surveyors report, which I haven't looked at yet as I was hoping that legal company was going to sort it out for me.

    I think with a professional 10 guarantee would be required by a mortgage company Buddy. I bet the electrician you used was accredited. I don't think 'professional help from a friend' would mean much to them. Each year it isn't there wouldn't be proof that the following year it wouldn't be there.

     

     

     

     

  • cc120cc120 Posts: 29

    Hi pansyface, I would think the terms of the guarantee would pay for another company to do the work should they go bust. Even if I killed and stayed herre for 10 years, would still be known I had jk once, and new buyer/mortgage company would still require another 10 year guarantee.

    The surveyor from the www.japaneseknotweed.co.uk company was certain that the jk originated from the neighbour. But that and the boundary would still have to be proven in a court.

    Dovefromabove, if I was to take the Housing Association to small claims court, wouldn't the same legal issues come up, boundary and orgination of jk?

  • cc120cc120 Posts: 29

    Thank you jo47.

  • cc120cc120 Posts: 29

    Would they have to prove this, or would I have to prove vice versa?

  • fidgetbonesfidgetbones Posts: 17,618

    I would stop obsessing about the ten year guarantee that's not worth the paper its written on, and start spraying. Get a good dose in this year before the weather changes.

  • cc120cc120 Posts: 29

    Thank you all, it has been stated on the forum I gave you link to above, that boundaries can be 18" either side.

Sign In or Register to comment.