I am experiencing major problems trying to sell my house due to Japanese knotweed. The invasive weed has spread from land owned by Network Rail on to ground shared by 30 properties on my estate. The affected area is approximately 80m away from my property.
Because my property is leasehold, the knotweed is flagged up on the LPE1 form that the ground management company fills out and gives to prospective buyers. This means all 30 properties will have problems trying to sell, regardless of the proximity of the knotweed.
I have so far had two sales fall through because Network Rail has refused to provide details regarding the eradication treatment it is applying. The vague information it does supply after weeks of waiting is not enough to satisfy many mortgage lenders, who require a management plan and guarantee of eradication.
MT, Blackpool
Earlier this year two neighbours in south Wales won a four-year battle against Network Rail after untreated knotweed on railway land rendered their homes unsaleable. Experts reckon the ruling will have implications for all landowners who fail to curtail the weed, whose roots can spread 6m (20ft) and penetrate concrete foundations. In your case, Network Rail appears reluctant to commit to specific treatment programmes in case it is held to them. It tells me it is “not policy” to offer guarantees and that it is in talks with mortgage lenders to get them to compromise on their requirements.
“Japanese knotweed requires several years of treatment to be effective,” says a spokesperson. “Network Rail has an established treatment regime which complies with legislation. Areas of land found to have knotweed are added to our annual register and are treated up to twice a year for up to five years, or until it is eradicated.”
However, without a written guarantee that the agency will get rid of the weed and foot all future bills, you are stuck. The Council of Mortgage Lenders confirms that banks will want to see such evidence before parting with their money. “Until the property is certified clear of the weed, there may be an effect on its marketability and value – and hence on lending conditions,” a CML spokesperson says.
Under the Environmental Protection Act, landowners can be held liable if the weed spreads from their land to nearby properties, so you and your neighbours should take legal advice. It may be that you can sue Network Rail for damages if you can prove that your property value has been affected as a result of its negligence.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
