Charles Lyndon has been successful on behalf of its client Robin Waistell in a claim against Network Rail Infrastructure Ltd. On 2 February 2017 Recorder Grubb sitting at Cardiff County Court handed down a landmark judgment, regarding knotweed that has profound implications for landowners and homeowners across the UK and could cost Network Rail and other major landowners millions.

Japanese knotweed has been described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”, it can grow to 3-4 metres in just 10 weeks. Underground, its roots – or rhizomes – can spread 7m horizontally and can compromise the structure of buildings.

Owing to the damage that it can cause to property, the presence of Japanese Knotweed can pose significant difficulties for people wishing to secure mortgage finance. There have also been numerous reported cases of homeowners unable to sell their properties or having to sell for up to 50% below market value.

The judge found that the mere presence of knotweed on an adjoining property was capable of being a nuisance if it interfered with an individual’s ability to realise full market value for the property.

In terms of damages, the judge awarded the cost of treatment plus residual diminution of value. This is an interesting case as the visible knotweed is all on Network Rail’s land and so treatment is not, without cooperation from Network Rail, possible. 

At the handing down of the judgment the judge stressed that his award presupposes that the treatment will take place and that if it does not this is a continuing nuisance and the claimants can come back before the courts and seek further damages.