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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll