Find a Japanese Knotweed Lawyer
£10,000 – £20,000
- Case can be run as ‘no win no fee’ Yes
- Money used to cover cost of treatment and more Yes
- No risk if the case does not win Yes
Get a free assessment of your case from a japanese knotweed lawyer. Simply submit your case and a knotweed expert will review it for you, for free.
Japanese knotweed is an invasive plant which can encroach on property from neighbouring land. Despite being easy (although expensive) to treat, it can jeopordise mortgage applications as banks are cautious to lend against properties with an ongoing knotweed problems. This in turn makes it harder to sell property, as most purchasers rely on a bank loan rather than cash.
Knotweed ought to be flagged by a surveyor at the time of property purchase. This gives home and landowners a potential claim against surveyors who fail to spot it.
As japanese knotweed is invasive, it may begin growing into your land after you moved in. In this case, obviously a surveyor would not have not known about it, however it is still possible to get the cost of removing the knotweed paid for by whoever’s land is invading your property.
Less often, a property seller will know about the existence of knotweed but keep quiet about it entirely during the sale. This also gives homeowners a potential claim against the property seller. Speak to a knotweed solicitor for free for more information.
The amount of compensation you can win for a knotweed case depends on what you’re claiming for. Sometimes people just want a sum of money to fix the problem and put it right, which depending on the extent of the problem, could be a few thousand pounds upwards. In other cases, people want compensation for the loss of value to their property (as there is a risk that knotweed may always return). In this situation, compensation awards can be in the tens of thousands or more.
Knotweed removal – typically £1,000 – £3,000+
Loss of property value / land utility / amenity – typically £10,000 – £20,000 +
If you have a good legal case that is worth enough money, it should cost you nothing to run a knotweed compensation claim from start to finish. This is because a good solicitor will run your case on a ‘no win no fee’ basis, where, once your case has been settled or won, they will charge the other sides their hourly rate as part of the deal. If your case loses, your lawyer does not charge you in this arrangement. On top of this, a good lawyer will insure you from the other sides’ legal fees if your case lost through “ATE insurance”. These ATE insurance packages are often free upfront too, and will only charge you when your case has won by deducting a few thousand from your award. In short, those with a good knotweed complaint do not need to worry about funding it, or about risk if the case loses.
Generally lawyers will only do this for cases worth over £10,000 however. If a knotweed compensation case is worth less than this, it will probably be sent to the small claims track. If a case is sent to the small claims track, your lawyer cannot make the other side pay your legal fees, even if you win. This means you would need to pay them, and this might cost more than the amount you win in court!
Recent case law from the Court of Appeal as well as the county courts have increased the scope of liability for knotweed disputes. This does not necessarily mean that every knotweed case has a good chance of winning. Typically the defendant in knotweed cases are organisations who should seek legal advice from their advisors as soon as they receive a complaint. To get in contact with a knotweed defence solicitor click here.