A couple’s three-year battle with the previous owners of their dream home over a knotweed nightmare has finally come to an end.
John Busby and Dr Marie Donnelly were outraged when they moved into their £600k dream home in Midlothian, Scotland, only to discover invasive Japanese knotweed in the grounds of their property.
The rapacious weed is known for its power to destroy buildings, with roots that can stretch 9ft deep and towering bamboo-like stems equipped to grow eight inches a day.
The destructive species can even tear through brickwork and concrete.
So when the couple purchased their luxury four-bedroom home in 2021 having been assured by previous owners Mark and Kim Blair that it was ‘not affected by rot, damp, woodworm or other infestations’, the invasive plant was the last thing they expected to find.
Taking the case to court last year, sheriff Christopher Dickson granted them permission to pursue legal action against the Blairs, after it emerged they were aware of its presence at the time of sale.
A hearing was scheduled to take place this week at Edinburgh Sheriff Court but it has since emerged that the row has been settled out of court.
The Blairs have told MailOnline of how the ordeal had caused them a lot of stress but they are now trying to ‘move on with their lives’.
Buyers: Dr Marie Donnelly and John Busby’s knotweed nightmare has finally come to an end after an out-of-court settlement was reached with the previous homeowners
Broken dream: The luxury home in the village of Auchendinny boasts four-bedrooms and has private fishing rights on the River Esk
Mr Busby and Dr Donnelly declined to comment, and the settlement amount remains unknown.
Speaking to MailOnline, Mark Blair said: ‘It’s been settled out of court.
‘It’s been a very stressful time. We are now moving on with our lives.’
During a hearing in January last year, it became evident that Mr and Mrs Blair had been aware of the perennial plant and had tried in vain to eradicate it.
They knew it was a ‘pest plant’ and had tried chopping it back, spraying it with weedkiller and strimming it.
Yet they did not make any mention of the invasive weed when they were selling Firth Lodge in the village of Auchendinny, Midlothian, in 2021.
The Blairs argued, however, that they were not aware that there was an ‘infestation’ of the plant.
In a written judgement passed in May last year, the sheriff ruled that the Blairs should have declared the Japanese knotweed during the sale instead of claiming that the property, which boasts private fishing rights on the River Esk, was ‘not affected by rot, damp, woodworm or other infestations’.
He granted them permission to launch legal action, saying the sales contract meant the sellers had to disclose that the property was affected by matters that could adversely affect it.
The previous owners Kim and Mark Blair failed to declare they were aware of the presence of Japanese knotweed
The Blairs applied to have the action dismissed at the time, arguing that ‘it was clear that ‘other infestation’ did not cover large plants that invade the garden and prove difficult to remove’
He said the case was likely to hinge on whether the Blairs knew there was an ‘infestation’ of the non-native plant in the house’s six-acre garden and grounds.
In his written judgment after a hearing at Edinburgh Sheriff Court in January, he said: ‘The defenders admit that they were aware, during their ownership of the property, that the property contained JK (Japanese knotweed).
‘The pursuers aver that the property contained a substantial amount of JK, including JK that was near to the dwelling house on the property.
‘The defenders do not, however, admit that they were aware that there was a JK ‘infestation’ and in the circumstances it may prove necessary, if the issue cannot be agreed, for evidence to be led that the JK that the defenders were aware of on the property was indeed a JK ‘infestation’.’
Firth Lodge was bought for £602,500 in May 2021.
The particulars for the ‘spacious and distinctive’ converted lodge made much of the ‘rural location’ and outdoor space.
They stated: ‘The property includes a large deck to the rear, overlooking the land, with a bar including pizza oven and barbecue area for socialising to the side, with a driveway to the front.’
The invasive plant, Japanese knotweed can grow eight inches in a day and tear through brickwork and concrete
The buyers ‘quickly became aware of the presence of Japanese knotweed’, which had not been mentioned when solicitors exchanged missives during the conveyancing process.
The judgment stated: ‘It was a matter of agreement between the parties that: JK is a pest plant which blights gardens and damages structures; the defenders were aware, during their ownership of the property that the property contained JK; and that the defenders had attempted to treat the JK on the property by cutting it back, strimming it and spraying it.’
Applying to have the action dismissed at the time, the Blairs had argued that ‘it was clear that ‘other infestation’ did not cover large plants that invade the garden and prove difficult to remove’.
But the sheriff said: ‘I considered the presence of JK on a property in sufficient numbers could properly be described as an infestation of JK and that a JK infestation was a harmful thing or matter which could commonly adversely affect a property.’
