Legal
The knotty issue of a Japanese invader
By Terence Willey of Terence Willey & Co
Last year there was an important County Court decision which held Network Rail liable after that dreaded invader Japanese Knotweed had grown rather too close for comfort to neighbouring terraced houses .
It was considered that the owners of the properties had so been prejudiced by the knowledge of Knotweed that they could not sell their properties , owing to Mortgagees and Banks not being prepared to grant mortgages on affected properties in this way . It was therefore held that Network Rail was liable in private nuisance , and thus directed to pay damages . Although this was a County Court decision , it does raise some interesting issues : - a Judge had held that where the knotweed had grown within seven metres of a neighbouring property , there was an action open to the affected properties . Network Rail was found liable for the knotweed before it spread further , although there was no evidence of physical damage to any buildings . What this case demonstrates is that in reality , the mere presence of knotweed made the affected properties unmarketable , and their values were affected accordingly . Interestingly , it was described by one commentator
on the case as “ proximate ” nuisance . There are some who will argue with this Judge ’ s decision , but it does not detract from the fact that the growth of knotweed must be seriously controlled or eradicated absolutely , and a precedent has now been set as to the seven metre rule which would trigger an action for an individual to be potentially liable in nuisance , making it a considerable potential liability in law . I feel sure that future Court decisions in this area of nuisance and liability may well be open to challenge , particularly when the costs of remedy can be considerable . As I have stated in previous articles on this subject , knotweed must not be ignored , and in view of its fastgrowing and potentially damaging effect on land and property , it is best eradicated without delay . There are now various specialist firms that have been set up to assist in tackling the issue . If you are buying or selling a property and have any doubts whatsoever as to the presence of Japanese Knotweed , then it ’ s best to be safe and obtain a professional report in addition to simply raising a specific pre-contract enquiry . Such prudence could save you expense and potential worry in the future . It is also advisable to check all neighbouring land as it is now well established that this is a very fast-growing and damaging plant , despite its ’ attractive nature !
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