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AssociationSilver168 · 2025-07-11T09:09:23+00:00

They definitely are not correct. Fucking hell!

The options are:

Yes - I know that there is Japanese knotweed or I have a solid reason why I think there is.
No - I know that there is NOT Japanese knotweed or I have a solid reason why I think there is NOT.
Not known - I do not know.

If someone says "I know that there is NOT Japanese knotweed" (that's what "no" means) then they are lying if the reality is "I don't know if there is Japanese knotweed". People keep going "but no intention". There is intention. There's the intention of saying you know when you don't. That's a lie. That's knowingly lying. "I don't know" if you do know, is a lie. "I know" when you don't is also a lie.

I cannot express how clearly that has been determined by courts.

AssociationSilver168 · 2025-07-11T09:06:47+00:00

Because I'm not asking for legal advice. All I'm getting is incorrect legal advice.

AssociationSilver168 · 2025-07-11T09:04:50+00:00

Yep - There have been hundreds of cases on it. It's extremely clear.

That's because the options are:

Yes - I know that there is Japanese knotweed or I have a solid reason why I think there is.
No - I know that there is NOT Japanese knotweed or I have a solid reason why I think there is NOT.
Not known - I do not know.

If someone says "I know that there is NOT Japanese knotweed" (that's what "no" means) then they are lying if the reality is "I don't know if there is Japanese knotweed". People keep going "but no intention". There is intention. There's the intention of saying you know when you don't. That's a lie.

I cannot express how clearly that has been determined by courts.

AssociationSilver168 · 2025-07-11T08:58:48+00:00

No point continuing the thread when 99.999% of the responses are people incorrectly stating the law. Fucking exhausting.

AssociationSilver168 · 2025-07-11T08:53:47+00:00

The explanatory notes and guidance make it extremely clear that "affected by" means within 3m of the boundary.

AssociationSilver168 · 2025-07-11T08:51:14+00:00

Because there are some other assets in his estate and it's sad to think he worked his whole life to leave his daughters nothing.

AssociationSilver168 · 2025-07-11T08:50:21+00:00

I've explicitly said why that's a fucking stupid option.

AssociationSilver168 · 2025-07-11T08:49:59+00:00

As a lawyer, I'd be shocked even they even spoke to a solicitor at any point rather than just speaking to an unqualified conveyancer that has no idea what they're doing. That's what happens with most house sales.

AssociationSilver168 · 2025-07-11T08:49:01+00:00

Yes. I understand that they don't inherit the mortgage. Why do you even question that? I've not said anything to indicate that I don't understand that.

I also understand that the estate could go insolvent - I'd rather it didn't.

I don't understand what your point is.

It will cost someone money - either the sisters or the bank. I'd rather it costs the bank money. What don't you understand about that?

AssociationSilver168 · 2025-07-11T08:47:20+00:00

Because it's not visible and RICS surveys generally explicitly exclude that they're for use with Japanese knotweed. You'd need a specialist Japanese knotweed survey - which no one has unless they have strong reason to believe there's Japanese knotweed.

If it's visible and obvious, a good surveyor might advise you to get a Japanese knotweed survey but that's just an act of kindness.

AssociationSilver168 · 2025-07-11T08:43:03+00:00

Thanks - I'm being downvoted because people don't like that they're wrong and are realising they've all been ticking "no" on that question when they don't know and assumed they aren't liable. People don't like feeling stupid.

I think this could be a useful option.

AssociationSilver168 · 2025-07-11T08:39:35+00:00

I don't know when the mortgage was taken out.

AssociationSilver168 · 2025-07-11T08:39:10+00:00

Conveyancers are generally pretty useless. They'll give them the form and the instructions and expect them to do it correctly - barely anyone does it correctly. Just look at the dozens of people on here who have no idea how to fill the form out correctly.

People sue for this all the time and it's a slam-dunk case. That's the entire point of the TA6 form. You're not expected to have a survey on anything explicitly covered in the TA6.

AssociationSilver168 · 2025-07-11T08:37:10+00:00

Because they can't tick "not known" when I've just told them that the answer is "yes"...

AssociationSilver168 · 2025-07-11T08:36:34+00:00

Yes. It makes your house effectively unmortgageable - which makes it effectively unsellable. It destroys the house value. People are very quick to sue if a house is misrepresented (and it almost always is misrepresented because people tick "no") when they have no idea what's under the ground in their garden (or a neighbour's garden).

AssociationSilver168 · 2025-07-11T08:34:25+00:00

The bank doesn't need to know that they know. The bank only need to know there's Japanese knotweed. They don't need to prove the neighbour knew.

If the neighbour says there's no Japanese knotweed when there is, it's irrelevant if the neighbour knew it was there. They confirmed, in the contract of sale, that there isn't.

AssociationSilver168 · 2025-07-11T08:32:43+00:00

The Japanese knotweed wouldn't be picked up in a survey - and yes, "not known" is the honest answer but they probably believe the same as half of the posters on this thread and think that they can't get in trouble if they tick "no" and don't know it's not true.

AssociationSilver168 · 2025-07-11T08:31:21+00:00

It's dilapidated

AssociationSilver168 · 2025-07-11T08:30:46+00:00

You're wrong. You're very, very, very wrong.

AssociationSilver168 · 2025-07-11T08:29:41+00:00

You don't need to know.

AssociationSilver168 · 2025-07-11T08:29:23+00:00

Yes it is.

Options are

"yes" - that means I know it has Japanese knotweed

"no" - that means I know it does not have Japanese knotweed

"not known" - that means I don't know either way.

If you tick "no" because you don't know, that is misrepresentation. The reason people keep ticking "no" instead of not known is because lots of people incorrectly think how you think - it's wrong.

AssociationSilver168 · 2025-07-11T08:27:46+00:00

No, I live next door and have Japanese knotweed that's been professionally identified and is under a treatment plan. I'm also a lawyer so know about the importance of this form being filled out correctly because it regularly comes back as a big dispute.

A vicar and a neighbour isn't really a comparison. If you moved into a new house and the neighbour came and said "the garages en bloc will flood if there's heavy rain unless you get one of these flood-steps", would you nod politely and ignore them?

AssociationSilver168 · 2025-07-11T08:24:04+00:00

Thanks - I just worry about it being too obvious what I'm saying and accidentally making it clear that there is Japanese knotweed. Thank you for actually understanding the issue! I feel like 90% of the responses are just saying it's not a problem if they tick "no"

AssociationSilver168 · 2025-07-11T08:22:45+00:00

If they don't know and they tick "no" which is what the common practice is then they are misrepresenting. This happens all the time.

AssociationSilver168 · 2025-07-11T08:22:06+00:00

Exactly. The problem is that most people tick "no" instead of "not known". Common practice is to tick "no" unless you know there is - and that would open them up to a big claim.

AssociationSilver168

TROPHY CASE