A recent landmark ruling from the Court of Appeal could pave the way for waves of compensation to homeowners who are the victims of Japanese Knotweed.
In this reported case, a homeowner successfully sued his local council after the invasive plant spread onto his land from a disused railway line.
This is a significant result, because the Court of Appeal rejected the decision of the County Court, and held that the reduction in value of the land was not “purely economic”. The decision of the appeal court – which is binding on County Court claims – held that the damage caused by the rhizomes constituted “residual diminution” in value of the property – even after the pernicious weed had been treated.
So, if a landowner can prove a reduction in value of property resulting from the presence of Japanese Knotweed, even once treated, compensation for loss of amenity in the land can be recovered.
Landowners who have identified Japanese Knotweed on their land are advised to seek expert legal advice at the earliest opportunity.
Homeowner whose garden was invaded by Japanese knotweed from council-owned cycle track wins £300K fight against officials for damages - in landmark ruling that could pave the way for thousands to sue their local authorities
A man whose back garden was overwhelmed by Japanese knotweed has won a landmark £300,000 court case against his local authority for allowing it to spread.