Court of Appeal: landowners can claim damages
Landowners will be able to claim damages if Japanese knotweed has encroached on their property, the Court of Appeal has ruled. Judges ruled in favour of two householders whose properties were affected by the ‘pernicious’ plant. Read more about identifying the plant.
The plant grows quickly and strongly and spreads through underground rhizomes. It can undermine the structural integrity of buildings and is expensive to treat. Stephen Williams and Robin Waistell, who own bungalows in Llwydarth Road, Maesteg, South Wales, made a claim against Network Rail. The company owns the land behind their homes.
Japanese knotweed has been on land for 50 years
The weed has been present on Network Rail’s land at that spot for at least 50 years. The pair first complained about it on their land in 2013. They made a successful claim against Network Rail at Cardiff County Court and won damages in February 2017. Network Rail challenged the decision at a Court of Appeal hearing. The court ruled that the homeowners were entitled to damages because the plants’ rhizomes had extended beneath their properties.
Master of the Rolls Sir Terence Etherton announced the decision. He said: “Japanese knotweed, and its roots and rhizomes, does not merely carry the risk of future physical damage to buildings, structures and installations on the land.
Not entitled to damages
“Its presence imposes an immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed. In this way, Japanese knotweed can fairly be described as a natural hazard. It affects landowners’ ability fully to use and enjoy their property and, in doing so, interferes with the land’s amenity value.”
However, the judge said the homeowners would not be entitled to damages because the knotweed had reduced the value of their properties. Network Rail refused permission to challenge the ruling in the Supreme Court.
For information about dealing with knotweed, visit www.environetuk.com. The company also deals with invasive bamboo – read about clumping v running bamboo.
