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ARTICLE · 02 JULY 2024

Legal Developments In Construction Law: June 2024

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Japanese knotweed is a problem, and it can cause trouble for neighbours. Which is what it did in Bridgend, in Wales, where it encroached from the council's land on to a neighbouring...

JapanReal Estate and Construction
Richard Craven
Richard Craven
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1. SUPREME COURT SAYS "BUT FOR" TEST KNOCKS OUT KNOTWEED CLAIM

Japanese knotweed is a problem, and it can cause trouble for neighbours. Which is what it did in Bridgend, in Wales, where it encroached from the council's land on to a neighbouring property at some date "well before 2004". An actionable private nuisance only arose, however, in 2013 when the council was, or ought to have been, aware of the risk of damage and loss of amenity to the neighbour's land, as a result of publicly available information about knotweed, but not until 2018 did the council implement a treatment programme and it was held by the court at first instance (and not challenged) that the council was in continuing breach of the relevant duty in private nuisance between 2013 and 2018.

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