Neighbours ‘can sue each other’ over knotweed blight
A LANDMARK Japanese knotweed case has given neighbours the right to sue each other if the plant invades their property.
In a decision that could have wider implications for home owners across England and Wales, three leading judges ruled in favour of two householders whose homes had been affected.
Lawyers said the decision sets a precedent that if it can be proved that knotweed which grows into a home or garden originated on an adjoining property, that owner could be held liable for the cost of its removal and for loss of value. The plant can undermine the structural integrity of buildings and is expensive to treat and remove.
Stephen Williams and Robin Waistell, who own two adjoining bungalows backing onto a train line in Maesteg, south Wales, made a successful claim against Network Rail, which owns the land behind their properties.
Rodger Burnett, of Charles Lyndon, the law firm that represented Mr Waistell, said it means a householder could sue their neighbour, but that it would be companies such as Network Rail that would have the most concerns. Japanese knotweed has been present on Network Rail’s land next to Mr Waistell’s house for at least 50 years and the pair first complained about it in 2013.
They later brought a successful claim at Cardiff County Court and were awarded damages in February last year.
The company challenged that decision at a Court of Appeal hearing last month, but yesterday the court ruled that the householders were entitled to damages. The court refused to allow Network Rail to challenge the ruling in the Supreme Court. Network Rail said it is assessing the ruling but that once knotweed is identified it goes into its treatment programme. It said: “We will continue with this established regime, which complies with legislation and helps us run a safe, reliable railway.”