Knotweed victory for neighbours who took on rail giant
HOMEOWNERS blighted by Japanese knotweed will be able to claim damages if the invasive plant has spread onto their property after a landmark court ruling.
It comes after a David and Goliath battle on invader embankment their Network homes. by spread two Rail into neighbours when the from foundations the a who rampant railway took of have Robin been 44, Waistell, from unable Maesteg, 71, to and sell Stephen South up because Wales, Williams, banks mortgages and on building property societies with knotweed. won’t give
When the value of their bungalows halved overnight, the neighbours sued Network Rail. Network Rail has settled dozens of similar cases but decided to fight Mr Waistell and Mr Williams, hoping it could stop more claims if it won.
After a four- day hearing at Cardiff County Court last year, the rail giant was ordered to pay £4,320 to each claimant to treat the knotweed. The neighbours were also given £10,000 each to account for the drop in value of their homes. Network Rail appealed the decision, but it was rejected by three Court of Appeal judges yesterday.
The landmark ruling could now result in tens of millions of pounds being paid out to homeowners battling knotweed which has spread to their property from adjoining land.
Homeowners face bills of up to £20,000 to remove the plant before they can sell up, and the Government estimates it costs £166million a year in treatment and home devaluations. It is also unlawful to allow knotweed, which can grow 4in a day in summer, to spread or to dispose of it incorrectly. The plant permeates walls, concrete and Tarmac. Announcing the ruling, Master of the Rolls Sir Terence Etherton described the pest as ‘a natural hazard which affects landowners’ ability fully to use and enjoy their property and, in doing so, interferes with the land’s amenity value.’ After the neighbours’ payouts were upheld, Network Rail was told to pay the lion’s share of £250,000 legal costs. The company will have to pay £95,000 in lawyers’ bills straight away, with more to follow. The company’s barrister, David Hart QC, earlier told the court that a ruling in the men’s favour would have ‘very considerable ramifications’ for the company.
They had tried to argue that because the knotweed had caused no actual physical damage to either man’s home, the neighbours were not entitled to damages.
Yesterday, Mr Waistell, who has motor neurone disease, said: ‘I’m hoping this will be the end of a sorry saga that’s been going on for six years. The knotweed is still growing strong around my property - Network Rail has done absolutely nothing. This has affected my health, I’m spending most of my day in a wheelchair and, if I’m lucky, I’ve only got a couple of years left.’
Mr Williams’ lawyer, Samantha Towle, said: ‘Every homeowner should be able to sell their home at its proper value but mortgage companies do not like to lend on properties that have knotweed within seven metres of a property boundary.’ The court refused to give Network Rail permission to challenge the ruling in the Supreme Court.