Is your property damaged due to your neighbour’s invasive plants? You may have grounds for a property damage claim.
The leading case law on this matter is Network Rail Infrastructure Ltd v Williams & Waistell [2018], where the Court of Appeal ruled on the nuisance caused by Japanese knotweed. This invasive plant, notorious for its ability to damage properties and reduce land value, presented unique legal questions around nuisance and property rights.
The claimants in this case, Mr. Williams and Mr. Waistell, owned properties adjacent to land owned by Network Rail. They discovered that Japanese Knotweed, which had spread from the Network Rail land, was encroaching on their properties. Despite Network Rail’s efforts to control the knotweed with herbicides, the plant’s roots continued to spread onto the claimants’ land, impacting the value and use of their properties. It is important to note that there was no specific structural damage caused to the claimant’s properties.
The Court of Appeal ruled that Network Rail was liable in nuisance due to the impact of the Japanese knotweed on the enjoyment and value of their properties. The Court confirmed that nuisance is not solely limited to cases where there is immediate physical damage. Instead, it can extend to situations where the mere presence of a harmful plant (like Japanese knotweed) interferes with the enjoyment or value of the property. This recognition widens the scope of nuisance claims to include “loss of amenity” or market value as a valid basis for a claim.
At NC Law, we specialise in property disputes and can guide you on potential claims arising from similar nuisances or encroachments or advise you in case you are planning on selling or purchasing a property where invasive plant encroachment may be present.
Contact us today at ncl@nclaw.co.uk or 020 8879 9400