July 2018
Wow, How hot is it?? Bless the Lord for Air conditioned vehicles. We have been spending the last few weeks covering England & Wales for a large number of surveys and works. These have been ranging from small residential herbicide programmes to excavation & barrier membrane installs.
Japanese Knotweed has been in the news again after a landmark case whereby property owners can sue a landowner who has an infestation. In a particularly high profile case, 2 property owners sued Network rail after their property was significantly devalued due to a Knotweed infestation on Networking rail land immediately adjoining their properties. They were awarded damages in 2017 but Network rail appealed the decision, which they subsequently lost. In his summary of the case Master of the rolls, Sir Terence Etherton 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 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.”
Links to the case can be found:
https://news.sky.com/story/japanese-knotweed-landowners-entitled-to-damages-11424868
https://www.express.co.uk/news/uk/983518/japanese-knotweed-homeowners-could-claim-damages-say-judges
Property can be de-valued if Japanese Knotweed is found to be growing at a property and this has been covered recently in the press also. However, If you choose an INNSA or PCA contractor they should be able to help minimise any potential risks with a management plan and insurance backed guarantee. This is also mentioned by Dr. Mark Fennel an ecologist and expert on Japanese Knotweed for AECOM.