Japanese Knotweed and Cross Boundary Issues
What has become increasingly prevalent in recent years is the hapless plight of homeowners experiencing difficulties in selling their property, due to a Japanese Knotweed infestation on adjacent land. This can potentially become a very awkward situation and has been the source of acrimonious and prolonged neighbourhood disputes and public nuisance claims. Whilst some of the legislation implemented through parliament is rather weak (and certainly wasn’t introduced with the issues of addressing Japanese Knotweed), there has been some recent caselaw – Network Rail Infrastructure Ltd v Williams and Waistell 2018 EWCA Civ 1514 which may help landowners who are affected by Japanese Knotweed ‘encroachment’ or the potential for it to occur.
The following link will detail the case against Network Rail and provides an insight regarding what, as a landowner, you need to consider when made aware that Japanese Knotweed is or may have an adverse effect on another landowner or property owner.