Japanese knotweed in neighbouring garden? Flat purchase

[Tigercubrider]

So a mate at work has had a second look at a ground floor flat (conversion of an end Victorian terrace.)

The seller says that the garden next door has knotweed. From what I gather, it’s not so much next door as at the bottom?
How freaked out would a mortgage company be? Afaik it isn’t “on” the property and there is a plan in place.
The garden of the flat is paved.

 

[Odds]

The neighbour needs to have it removed by law.
Tell your mate to keep looking.

 

[freddiemercurystwin]

The neighbour needs to have it removed by law.

Where is the legislation that says that?

 

[Deleted member 174758]

From the Royal Horticultural Society web site:

"Since 2013, the seller is required to state whether Japanese knotweed (Fallopia japonica) is present on their property through a TA6 form - the property information form used for conveyancing. Your conveyancer or solicitor will be able to provide full legal advice, however, here is a summary:

If you are selling, it is your responsibility to check the garden for Japanese knotweed (bearing in mind that it can die back in winter). The TA6 form asks you to confirm whether your property is affected by Japanese knotweed and, where it is, to provide a management plan for its eradication from a professional company (see Seeking help from the professionals below)

If you are buying, the presence of Japanese knotweed will be stated in the responses to the TA6 form. This often results in your mortgage lender requiring assurances that it will be eradicated before agreeing the funds. A management plan by a professional eradication company, backed by a transferable guarantee, is usually sufficient. It is most common for this plan to be provided by the seller before the purchase is completed"

So, sort of what @Odds had concerns about. Just not sure about the legality side of it until I read (on the same site):

"New legislation

An amendment to the Anti-social Behaviour, Crime and Policing Act 2014 includes invasive non-native plants including Japanese knotweed. Here are some key points for how this affects the homeowner:

It is not illegal to have Japanese knotweed in your garden, but on your property you should aim to control this invasive non-native plant to prevent it becoming a problem in your neighbourhood. If it has a "detrimental effect of a persistent or continuing nature on the quality of life of those in the locality", the legislation could be used to enforce its control and property owners may be prosecuted

Where problems with Japanese knotweed occur in neighbouring gardens, we suggest that you speak or correspond directly with your neighbours (who may already be taking action to control this difficult weed). These informal steps should be taken before contacting your council to talk about action under the legislation"

There is also a section on the Environment Agency web site on Japanese Knotweed

 

[freddiemercurystwin]

Sure but there is no legal requirement to remove it.

 

[Deleted member 174758]

However there is a legal obligation to control it, and probably the best way to do that is to eradicate it....

Even Network Rail eradicate it fairly quickly after it has been reported, especially interesting given the glacial speed at which they normally operate

 

[Odds]

If you allow knotweed to spread over into neighbouring land you will be liable for a £5,000 fine.

Spray it, burn it; best of all, dig it out.

Read more from Japanese Knotweed Specialists.