The dreaded invasive plant was found in the garden of a £1.2m flat after surveyors gave it the all clear
Japanese knotweed can knock 10% off the value of a property, with its bamboo-like cane roots causing untold problems to gardens and even house foundations. Talk about a property nightmare!
It's no surprise then that when one homeowner realised the fast-growing plant was present on his property just a year after he bought it, he was pretty annoyed that his surveyor hadn't spotted it.
READ MORE: How to identify Japanese knotweed and what you should do if you have it
In 2014, Paul Ryb employed Conways Chartered Surveyors to carry out a building survey – the most comprehensive survey available – of a ground floor flat in Highgate, north London, that he was considering buying. He was pleased when the survey came back with very few defects and was encouraged to proceed with the purchase of the £1.2 million flat.
A nasty surprise
However, the following year, a gardener alerted him to the presence of Japanese knotweed on his property and a subsequent survey by Environet, specialists in removing the invasive plant, found that it was present in three locations.
It was further revealed that the maturity of the plant meant it had been there for over three years and would have been evident when the initial survey took place.
After paying just over £10,000 to have the plant removed, Mr Ryb began legal proceedings against Conways Chartered Surveyors on the grounds of negligence and sued for costs and damages to cover the work required to make good the gardens and grounds.
Misleading building survey
The judge found in Mr Ryb’s favour and awarded him damages of £50,000 – taking into account the difference between what he paid for the property and what it would have been worth had the presence of the plant been disclosed.
Paul Ryb, said: “I bought the property in good faith following a building survey which gave it a clean bill of health. I would not have gone ahead with the purchase, or at the very least would have renegotiated the price, if I had known it was affected by Japanese knotweed.”
If Japanese knotweed is identified in a survey, mortgage companies can be cautious about lending to a buyer. Many will ask for a detailed risk report and treatment plan to be undertaken at the seller's expense before funding is given the go ahead.
Nic Seal, Founder and MD of Environet, said: “Homeowners who instruct a building survey when they buy a property, should be able to trust a professional surveyor to identify Japanese knotweed. This case sends out a strong message that they will be protected by the law if their surveyor fails in his or her duty of care.”
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