header-logo header-logo

Japanese knotweed claim upheld

05 July 2018
Issue: 7800 / Categories: Legal News , Environment , Property
printer mail-detail
nlj_7800_news_1

Court rules in favour of homeowners under siege

Property owners can claim damages for Japanese knotweed, the Court of Appeal has held in a landmark case.

Two householders in Wales succeeded in their claim this week against Network Rail after their properties were affected by the plant, which spreads quickly through its underground roots (rhizomes), is difficult to treat, blocks drains, undermines walls and overwhelms outbuildings. The bamboo-like perennial had been present on land directly behind their bungalows for 50 years.

Giving the lead judgment in Network Rail v Williams and Waistell [2018] EWCA Civ 1514, Sir Terence Etherton, the Master of the Rolls, held the effects of Japanese knotweed can give rise to a claim in the tort of private nuisance.

He rejected the county court’s ruling that the tort arose from the reduced market value of the claimants’ homes. Instead, he upheld the claim on the basis the encroachment of the Japanese knotweed rhizomes had diminished the claimants’ ability to enjoy the amenity and utility of their properties.

‘The purpose of the tort of nuisance is not to protect the value of property as an investment or a financial asset,’ he said.

‘Its purpose is to protect the owner of land (or a person entitled to exclusive possession) in their use and enjoyment of the land as such as a facet of the right of ownership or right to exclusive possession.’

Sir Terence held that actual damage was not required to found a claim, however the knotweed must encroach, or at least threaten to encroach, on the claimant’s property.

Rodger Burnett, solicitor at Charles Lyndon, who acted for Waistell, said: ‘For far too long landowners like Network Rail have paid scant regard to the impact that their failure to adequately treat Japanese knotweed has had on adjoining properties. 

‘Hopefully now organisations like Network Rail will take their responsibilities seriously.’

Issue: 7800 / Categories: Legal News , Environment , Property
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll