On 2 February 2017 the Cardiff County Court handed down a landmark judgement, regarding Japanese Knotweed, that can have major implications for landowners and home owners across the UK and could cost Network Rail and other landowners millions.
Two next-door neighbours successfully sued Network Rail for the damages caused by the plant to their houses after it got into the foundations of their homes. this case opened the floodgates of claims against the landowners, totalling tens of millions of pounds. The Japanese Knotweed has been described by the Environment Agency as "indisputably the UK's most aggressive, destructive and invasive plant", which can grow up to four metres in just 10 weeks. The roots of the plant can spread up to seven metres horizontally and can compromise the structures of buildings.
Neighbours Robin Waistell and Stephen Williams have been fighting Network Rail for years after becoming "trapped" by Knotweed at their homes in Maesteg. It has been explained, that they could not sell their properties, because banks and building societies would not give mortgages on properties with Knotweed. The plant is able to force its way through concrete, brick and tarmac and it is extremely difficult to get rid of. Despite the fact it is such a serious problem for the home owners, the law surrounding Knotweed and property owners' responsibilities to their neighbours has been the subject of very judicial guidance, until now.
The judgement recognised three types of nuisance: encroachment with no physical damage, encroachment with physical damage and loss of enjoyment. The judge discussed, that mere presence of Knotweed on an adjoining property was capable of causing nuisance and reducing the property's market value.
In relation to this decision, Network Rail is now considering going to the High Court to get this decision overturned. The overall cost of the trial is estimated at £250,000 but the costs may escalate if Network Rail decides to fight the ruling.
