Court victory in knotweed row may pave way for raft of payout claims
OWNERS of homes blighted by Japanese knotweed could get the green light to launch compensation claims if a court ruling goes their way today.
The Court of Appeal will make their decision after two neighbours took Network Rail to court over the invasive weed and won.
Robin Waistell, 71, and Stephen Williams, 44, became “trapped” by knotweed after buying bungalows next to a railway embankment.
They were unable to sell their properties because mortgages are not offered where the destructive weed is present.
When their homes halved in value overnight, the pair sued Network Rail for damages.
Mr Waistell said it knocked £60,000 off the value of his Maesteg, south Wales, home.
Nuisance
He bought the property as a renovation project in May 2012 and spent £25,000 installing new windows, a bathroom, kitchen, heating and landscaping the front garden.
But a survey then revealed invasive knotweed, which grows on the railway embankment, had caused major problems.
Mr Waistell claimed the roots have reached his foundations.
He said that for the property to qualify for a mortgage again, he needs a 10-year guarantee from Network Rail that they will treat the weed.
After a four-day hearing in Cardiff County Court last year, Recorder Andrew Grubb found that the neighbours had suffered private nuisance at the hands of Network Rail. He ordered the public body to pay £4,320 to each claimant to treat the knotweed and for an insurance-backed guarantee that it will not return.
They were also each awarded £10,000 for the drop in value of their homes after treatment.
Network Rail appealed and the decision is due at the Royal Courts of Justice today. Mr Waistell said: “I hope this will end a sorry saga that’s been going on six years.
“The knotweed is still growing strong. Network Rail has done absolutely nothing.”
Japanese knotweed, which is not native to the British Isles, can grow down as far as 9ft from the surface and its roots, or rhizomes, spread seven yards in all direction.
It overwhelms native plants and damages built structures like walls and foundations.
Imported as an ornamental plant, Japanese knotweed is now out of control in a number of areas across the country.