England: Judges rule in favour of landowners affected by Japanese knotweed

Three judges ruled in favour of two owners whose land had been affected by the “pernicious” plant.

Japanese knotweed grows quickly, can damage the structural integrity of buildings and is expensive to treat.

Stephen Williams and Robin Waistell, owners of adjoining bungalows in Maesteg, South Wales, brought a claim against Network Rail, owner of the land behind their properties.

The plant has been present on the land for at least 50 years, with the pair complaining about it for the first time in 2013.

They were awarded damages at Cardiff County Court in February last year, a decision Network Rail appealed.

However, the court has ruled the homeowners were entitled to damages as the plant’s rhizomes had extended underneath their houses.

Master of the Rolls Sir Terence Etherton, sitting with Lady Justice Sharp and Lord Justice Leggatt, said: “Japanese knotweed, and its roots and rhizomes, does not merely carry the risk of future physical damage to buildings, structures and installations on the land.

“Its presence imposes an immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land.

“In this way, Japanese knotweed can fairly be described as a natural hazard which affects landowners’ ability fully to use and enjoy their property and, in doing so, interferes with the land’s amenity value.”

The rail operator was refused permission to appeal to the Supreme Court.