Does Japanese knotweed come up in searches?
Yes, Japanese knotweed is essential in conveyancing searches when buying or selling a property in the UK.
Conveyancing searches uncover potential issues or liabilities associated with the property and provide the buyer with essential information before completing the purchase.
Japanese knotweed is known to significantly impact property values and can affect the suitability of a property for specific uses. As a result, it is common practice for conveyancing solicitors and surveyors to include a particular search for Japanese knotweed in their due diligence process.
The Japanese knotweed search may involve the following steps:
- Environmental Search: Conveyancing solicitors may commission an environmental search from specialist companies to identify the presence of Japanese knotweed or other potentially contaminated land on or near the property.
- Land Registry Search: The Land Registry may hold information about land affected by Japanese knotweed, particularly if it has been subject to previous disputes or legal actions related to the plant.
- Site Inspection: If there is any suspicion or indication of Japanese knotweed on the property or nearby, the surveyor may conduct a site inspection to verify its presence and assess the extent of the infestation.
- Seller’s Information: The seller is legally required to provide accurate information about the property, including any known presence of Japanese knotweed, in the Property Information Form (TA6) during the conveyancing process.
If Japanese knotweed is found during the conveyancing searches,
it does not necessarily mean that the property purchase cannot proceed. However, it is essential for both the buyer and seller to be fully aware of the situation and to consider how to address the issue appropriately. Depending on the severity of the infestation, potential buyers may negotiate with the seller to address the problem before completing the purchase or to seek an insurance-backed guarantee to cover the costs of future treatment if necessary.
If Japanese knotweed is discovered during conveyancing searches, it can impact the property purchase process. Here are the steps to take next:
1. Assess the Severity of the Infestation
- Obtain a detailed survey to determine the knotweed infestation’s size, location, and extent.
- Engage a Japanese knotweed specialist to assess the situation and provide a management plan.
2. Review the Knotweed Management Plan
- A professional plan should outline the control methods, timelines, and guarantees.
- Lenders often require evidence of an active treatment plan and a guarantee before approving a mortgage.
3. Inform the Mortgage Lender
- If you’re financing the purchase with a mortgage, notify the lender immediately.
- Provide them with the management plan and details of any insurance-backed guarantees offered by the specialist.
4. Negotiate with the Seller
- Use the survey findings to negotiate the sale price or request the seller to cover treatment costs.
- Sellers may also arrange for a professional knotweed treatment plan before selling.
5. Check for Insurance-Backed Guarantees
- Confirm that the treatment plan includes an insurance-backed guarantee (often for 5–10 years).
- This guarantee transfers to future property owners and assures regrowth.
6. Include Knotweed Provisions in the Contract
- Work with your solicitor to add provisions addressing Japanese knotweed in the sale agreement.
- These provisions may require the seller to commit to treatment plans or resolve the issue before completion.
7. Monitor and Maintain the Site
- Following the purchase, adhere to the management plan and arrange regular inspections.
- Prevent further spread by avoiding soil movement or disruption in the affected area.
In summary, Japanese knotweed is a significant consideration in conveyancing searches, and thorough due diligence is essential to identify any potential presence of the plant on the property. Working with experienced conveyancing solicitors and surveyors can help ensure that Japanese knotweed and other vital issues are adequately addressed during the property transaction process.