Disputes over Japanese Knotweed?

 Japanese Knotweed

The garden plays a huge part of family life and for many years, people have taken great pleasure from and had great pride in their gardens:

“The lesson I have thoroughly learnt, and wish to pass on to others, is to know the enduring happiness that the love of a garden gives” – Gertrude Jekyll

It is understandable how people become upset when invasive species of plant life invade their cherished land, no more so than when the invader is Japanese Knotweed. Indeed more and more cases are coming before the courts concerning this species.

The recent case of Adam Smith and Eleanor Smith v Rosemary Line serves as a timely reminder to all property owners. In this dispute the court decided that the defendant was liable in common law nuisance for a 10% diminution (reduction) in the value of the claimants' £500,000 house for allowing Japanese knotweed, an invasive non-native species, to spread from her land into the adjoining property.

The decision in the Adam Smith case followed the County Court judgment in Williams v Network Rail Infrastructure Ltd [2017] UK CC, in which the court suggested that knotweed was an actionable nuisance, before it caused physical damage on the neighbouring land, primarily because of its effect on the value of the claimant’s land.

Warrington is home to a great deal of national infrastructure including the rail network and consequently the invasion of land by problematic intrusive plant life is a problem faced by many homes in the Warrington area.

If you are experiencing problems such as these, please contact James Thornton at Fiona Bruce Solicitors, who would be able to help.


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