Japanese Knotweed Warning

In a recent decision of the Court of Appeal, Network Rail, upon whose land Japanese Knotweed was growing, was found to be liable for nuisance to neighbouring properties.

The Court of Appeal made the determination, that the mere presence of Japanese Knotweed on Network Rails land was not sufficient to bring a claim. However, as there was a risk of future damage, there would be increased difficulties in developing, and Network Rail has failed to prevent interference with neighbouring land, was an actionable nuisance, because of lender caution in such situations.

For those individuals who may have Japanese Knotweed on their land, this ruling is not necessarily of any assistance, as it can take many years of treatment for Japanese Knotweed to be effectively eradicated from a property.

Ultimately this means that for anybody affected, not only do they have to take steps to attend to the presence of the Knotweed on their own property, but they may be liable to their neighbours, and be required to pay to them damages for any loss in the value of their property.

If you have any concerns regarding Japanese Knotweed on your property, or any concerns in relation to any other actionable nuisance, please do not hesitate to contact this firms Real Estate Litigation Department on 01702 338 338 or Llancaster@paulrobinson.co.uk