Japanese knotweed, an extremely invasive non-native plant, has
long been a scourge on landowners. It has been described by the
Environment Agency as "indisputably the UK's most
aggressive, destructive and invasive plant". The plant is
extremely difficult to control and its deep roots can compromise
the structure of buildings. Lenders have considered the presence of
Japanese knotweed to be reason to refuse a mortgage.
In Williams & Waistell v Network Rail Infrastructure
Limited [2017], the Claimants succeeded in a private nuisance
claim against Network Rail Infrastructure Limited ("Network
Rail") who had failed to control the plant on a railway
embankment. The judgment will be of interest to all those who own,
manage or insure significant property portfolios. It puts the onus
on property owners to control invasive plants species, especially
when it encroaches on or near residential homes.
