In the recent landmark cases of Waistell v Network Rail Infrastructure Limited and Williams v Network Rail Infrastructure Limited, it was decided by the Court that an individual can bring a claim for actionable private nuisance if they have Japanese Knotweed growing within seven meters of a building they own. There is no longer a requirement for the roots to have intruded into the neighbouring soil.
The decision was made as it is believed that the Japanese Knotweed interfered with the market value of Mr Waistell and Mr William's respective properties and prohibited them from selling their properties at their full market value.
This has potentially opened a floodgate for claims in relation to proximate nuisance. In particular owners who have Japanese Knotweed in a proximity of seven meters from their property. This will place a burden on land and property owners who have Japanese Knotweed to treat it and manage it properly to diminish any claim.
If you would like further information, please contact our Dispute Resolution department on 01245 493939.
This is not legal advice; it is intended to provide information of general interest about current legal issues.