A court ruling has opened the door for homeowners to claim damages if Japanese Knotweed has encroached on their property. The Court of Appeals has ruled in favour of two homeowners whose properties were affected by the notoriously invasive and destructive plant. The bamboo-like species spreads quickly and through its underground root system can undermine the structural integrity of buildings. It’s also costly and time consuming to treat.The home owners, who own two adjoining bungalows in South Wales, made a claim against Network Rail which owns the land immediately behind their properties. Japanese Knotweed has been present on the land for at least 50 years while the pair of home owners first complained of the encroachment onto their land in 2013.They brought a successful claim against Network Rail at Cardiff County Court and were awarded damages in February last year. Network Rail challenged that decision at a Court of Appeals hearing last month, but the court upheld the ruling that the homeowners were entitled to damages because the roots had extended beneath both of their properties. This provides reassurance to homeowners who have been affected by Japanese Knotweed that legal recourse is available to them and the law is emphatically on their side.
A court ruling has opened the door for homeowners to claim damages if Japanese Knotweed has encroached on their property. The Court of Appeals has ruled in favour of two homeowners whose properties were affected by the notoriously invasive and destructive plant. The bamboo-like species spreads quickly and through its underground root system can undermine the structural integrity of buildings. It’s also costly and time consuming to treat.The home owners, who own two adjoining bungalows in South Wales, made a claim against Network Rail which owns the land immediately behind their properties. Japanese Knotweed has been present on the land for at least 50 years while the pair of home owners first complained of the encroachment onto their land in 2013.They brought a successful claim against Network Rail at Cardiff County Court and were awarded damages in February last year. Network Rail challenged that decision at a Court of Appeals hearing last month, but the court upheld the ruling that the homeowners were entitled to damages because the roots had extended beneath both of their properties. This provides reassurance to homeowners who have been affected by Japanese Knotweed that legal recourse is available to them and the law is emphatically on their side.