Agricultural Disputes Update September 2018

Liable for Japanese Knotweed encroachment even if not visible

As most people know, Japanese Knotweed (JKW) is a particularly pernicious weed that can cause considerable damage to buildings and land and is notoriously difficult and expensive to eradicate, not least as it can only be removed by someone licensed to do so. In a recent case, two adjoining property owners whose properties shared a boundary with land owned by Network Rail made a claim in private nuisance again Network Rail due to the presence of Japanese Knotweed within 7m of the boundary. The bases for their claim were a) the weed encroached on their respective properties, and b) caused a loss of amenity by reducing the value of their properties. The judge found for the claimants on the second basis so Network Rail appealed. The Appeal Court upheld the first ruling but for a different reason: the encroachment of Japanese Knotweed onto their property affected their ability to 'enjoy the amenity and utility'