Japanese Knotweed Damages Allowed Where Use of Land Affected
Landowners including local authorities and other public bodies may be at risk of nuisance claims following the recent ruling of the Court of Appeal in Network Rail Infrastructure Ltd v (1) Williams (2) Waistell [2018] EWCA (England Wales Court of Appeal) Civ 1514. This case concerned the liability in nuisance of a landowner where Network Rail had allowed Japanese knotweed to grow in close proximity to its neighbours’ land. This is the case even though no actual damage was caused.
The Court of Appeal found in favour of two homeowners who had sued Network Rail after knotweed from a railway embankment had spread to their properties.
The Court of Appeal went to great lengths to state that the presence of Japanese knotweed was not actionable under a nuisance claim because it had diminished the market value of the respondent’s properties. The decision means that those claiming nuisance will need to demonstrate that the nearby presence of Japanese knotweed interferes with their use and enjoyment of the land.
However, in practice, the presence of Japanese knotweed is always likely to interfere with a property owner’s use of enjoyment of the land. Furthermore, the presence of the Rhizomes, despite not causing any physical damage, was noted by the judge as being a “natural hazard”. The Judge said. “They affect the owner’s ability fully to use and enjoy the land.”
What Is Japanese Knotweed?
Japanese knotweed, which was described by the court as a “pernicious weed”, is a fast-growing plant which is difficult to eradicate and spreads rapidly through an extensive network of underground roots, stems or rhizomes. While the plant itself can quickly grow to a height of over two metres, the roots can extend up to seven meters horizontally and three metres vertically, affecting buildings and construction works.
Because of the potential ramifications of Japanese knotweed on the property, the Council of Mortgage Lenders (CML) has published a policy stating that it might affect the valuation of the property and might be an issue for customers whose property is affected but who cannot afford the treatment costs. The policy requires the valuers who inspect property for mortgage purposes to report on the presence of knotweed within seven meters of the property to lenders, so that they can take account of it as part of the valuation process.
Sir Terence Etherton, giving the judgment of the Court of Appeal, described a claim of private nuisance as one based on “a violation for real property rights”. This violation need not necessarily take the form of physical damage to property; however, it could not consist of merely pure economic loss.
In view of the above, to minimise risk of liability landowners and public bodies should take steps to identify if any Japanese knotweed is present on their land and then take steps to eradicate it.
Contact Us
If you have issues with Japanese knotweed then please contact us today…
Landscape Strategy in London
ProHort were commissioned to prepare a Landscape Strategy in London for the proposed redevelopment of a pre-existing equestrian. The primary purpose of the strategy was to provide the developers and local council with a document that responded to existing local borough environmental policy, sustainability and transport initiatives and the concept plan. The strategy incorporated the principles set out in these and incorporated certain ideas and initiatives into the landscape strategy proposals. The strategy was designed to be flexible in order to adapt to change and to respond to a place that is by its nature ever changing. And provides a long-term vision for the enhancement of the site.
The principal concern of the local council was the potential impact on the ecological value of the site. Having been vacant for a number of years the area had become overgrown resulting in the development of numerous valuable wildlife habitats identified as scarce in the local borough. The strategy was informed by visiting the site and utilising existing ecological and arboricultural surveys to help formulate a holistic methodology designed to not only retain the most valuable ecological features identified but to proactively manage these and further improve them.
In addition, the strategy outlined methods to create further wildlife habitats through the planting of carefully selected plants such as the inclusion of species most beneficial to invertebrates within the proposed hay meadows of the site. This, together with careful management of the meadows and other areas were designed to provide a valuable food source for locally at-risk species such as bats. Furthermore, the strategy considered the character of the site and local perception of it. The inclusion of a designed tree shelter belt was put forward to help retain its existing character as a wooded space.
If you need a Landscape Strategy for your development, get in touch now or check out the Landscape Strategy page for more information.
We are now BALI accredited!
We are pleased to announce that we are now BALI accredited!
What is BALI?
The British Association of Landscape Industries is established to promote, support and inspire all professional landscapers, garden designers and landscape suppliers to be leaders of an environmentally, ethically and commercially sustainable landscape industry.
BALI is the leading Trade Association for the nation’s landscape professionals and delivers exceptional business, technical and promotional support to their
They have over 900 professional landscapers, landscape contractors, grounds maintenance contractors, interior landscapers, gardeners and garden designers listed as active members who have been fully vetted and approved members.
Their members have specialist skills in tree work, disabled gardens, garden design, gardening, fencing, hard landscaping, soft landscaping, turf and lawn care, artificial turf, trees and shrubs, hydroseeding, interiorscapes, drainage, groundworks, roof gardens and sports grounds and maintenance to name a few.
(Taken from the BALI website)
What this means to you
By Prohort having this Accreditation, it gives our customers peace of mind that they are using a reliable company to complete their technical horticultural documents. To become a member, you have to sign up to their Code of Conduct, which is a pledge to carry out our business to the very highest industry standard. We invest money in training our staff and adhere to all health and safety regulations. By choosing us to complete your work, you can be assured of professional excellence, value for money and outstanding customer service. Please follow this link to see our profile on the BALI website: https://www.bali.org.uk/members/directory/blue-iris-landscapes-ltd-126856/
If you would like to have your grounds designed by a BALI Accredited company, please get in touch with us.
Subsidence Reports: Avoid That Sinking Feeling
What Causes Subsidence?
Subsidence happens when the ground under your house collapses or sinks lower. When this occurs it puts a significant amount of strain on your home if one side sinks and cracks can begin to appear. There are several reasons why this might happen to your house, this includes geological, man-made and seasonal variations. For example, periods of drought can cause the soil to dry out, especially if the soil is made of clay, making the ground unstable. Other reasons for subsidence include trees and shrubs close to your foundations or drains that are leaking water causing the soil to become soft and begin to compact under the weight of your home.
What are the signs of subsidence?
Cracks can appear in your home for several reasons such as natural shrinkage and swelling due to temperature and humidity changes. Cracks that indicate subsidence are usually more than 3mm thick and wider at the top than the bottom. They are often found close to doors and windows, and you may notice other signs such as wallpaper crinkling at wall joins, doors sticking and cracks to your extension.
Can I prevent subsidence?
Minimising the risk of subsidence is, indeed, possible, particularly if your house is at risk. For example, plant trees or shrubs a safe distance from your home to avoid the soil around it becoming too dry. It is also advisable to undertake regular maintenance on external guttering, pipes and plumbing and install a water butt in your garden to catch rainwater.
What are subsidence reports?
Subsidence reports will give you a risk rating, which is an overall opinion of your property’s level of subsidence risk, from low to very high. They then go into further detail, giving an in-depth explanation as to why your property has been given its risk rating. We will also make suggestions for actions that could be taken to reduce the risk.
We also provide detailed subsidence information, which is essentially an in-depth explanation of subsidence and its main causes, alongside other lesser-known factors. This can help to home buyers to make more informed decisions about the property they are considering buying.
Finally, subsidence reports details information about remedial works that would be legally acceptable to have carried out.
Find out more about how we can help you with Subsidence reports by visiting our web page.
If you suspect your property may be experiencing subsidence, then get in touch. We can advise you on the best courses of action going forward and whether home insurance providers should be contacted. We also work with insurance companies, solicitors, surveyors, and local adjusters to ensure the right result is achieved for you.
