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.

Article Disclaimer

This article is for general information only and does not constitute specific advice. You should not rely on the information in this article. Fiona Bruce Solicitors recommends that you seek our specific advice if you wish to rely on the any part of this article. Whilst Fiona Bruce Solicitors makes every effort to ensure that the article is accurate, Fiona Bruce Solicitors excludes all liability for claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of this article or any other information contained on this website. Any information provided only applies to England and Wales.