Neighbours could lose knotweed payouts
TWO neighbours who were awarded damages after Japanese Knotweed spread under their properties from a rail line could be stripped of their payouts after Network Rail appealed against the ruling.
Stephen Williams and Robin Waistell were awarded about £15,000 each after the invasive weed spread from Network Rail land in Maesteg.
The decision at Cardiff County Court last year left the rail body in fear of a flood of new claims over the spread of the destructive plant.
But it is now challenging the ruling in a Court of Appeal case which lawyers say will have major ramifications for landowners.
Three top judges were yesterday told that the knotweed rhizomes – root-like structures which allow it to spread – under the homes had caused “no damage”.
And to award compensation in a case in which their properties had not been physically affected would be wrong, said barrister David Hart QC.
“The bungalows, their foundations, and the soil beneath those foundations were not physically significantly affected by the encroaching rhizomes,” he said.
“Hence, the encroaching rhizomes did not cause damage capable of giving rise to a claim in nuisance for damages.”
There was “no nuisance in law” created by the presence of knotweed on the Network Rail land, argued Mr Hart.
None of the experts in the case had identified any damage caused to the bungalows, he said.
Representing Mr Waistell, Stephen Tromans QC argued that any encroachment of knotweed is a nuisance and actual physical damage is not necessary to found a compensation claim.
Representing Mr Williams, barrister Tom Carter said it was “wrong” to say no damage was caused by the presence of knotweed rhizomes.
Soil containing Japanese Knotweed is legally considered “controlled waste” which can only be disposed of at a licensed site, he said.
Both men were awarded £4,320 to pay for the removal of knotweed from their properties, with insurance-backed guarantees should it return.
Mr Williams was also awarded the £10,500 and Mr Waistell the £10,000 which experts said their properties had lost in value.
Mr Hart said the county court judgment had “very considerable ramifications” for Network Rail.
“At a local level, this is readily demonstrated by the evidence about the widespread nature of knotweed in Maesteg,” he told the court.
“If Network Rail owes local people a general duty not to harm their property values, it could find itself responsible for treating all knotweed which it could or might be shown emanates from the railway.”
The appeal hearing continues.