verdict of Network Rail’s appeal in the Waistell vs Network Rail case

The Japanese Knotweed encroachment case where claimants, homeowners Mr Waistell and Mr Williams, claimed against Network Rail Infrastructure Ltd in private nuisance was reinforced on 3rd July 2018, with the Court of Appeal unanimously dismissing Network Rail’s appeal.

The Court of Appeal found in favour of the two homeowners and agreed that the presence of knotweed on adjoining land constitutes an actionable nuisance if it threatens to cross the boundary, even if it hasn’t yet.

The judgment also clarified that for a nuisance claim to succeed, it was not necessary to prove physical damage to the property. The fact that Knotweed rhizomes are present on the land constitutes an interference with the amenity of the land, that is, the right to use and enjoy it .

Leading treatment firm boss said:

“Network Rail fought the original case in Cardiff County Court thinking they could win and stem the tide of claims against them. They’ve now scored two spectacular own goals and unwittingly opened the flood-gates for thousands of new claims. 

“This judgment should put all owners of land infected with knotweed on notice to take proper action to ensure their knotweed does not encroach onto or threaten other property. Those that continue to ignore the effects of their inaction and affect their neighbour’s enjoyment of their property are now fore-warned. The law is clear and substantial damages can be awarded against them.

“It is also worth pointing out that a defence in nuisance is that all reasonable measures are being taken to mitigate the nuisance. A half-hearted or cheap attempt at control is unlikely to meet the ‘reasonable measures’ test. 

“This judgment will have far-reaching implications for owners of land affected by Japanese Knotweed. It provides the legal profession with great clarity, which is likely to increase the number of merited claims and settlement of those not worth contesting. This can only be good news for those we would describe as ‘victims of encroachment’ who up to now have had to put up with bully-boy tactics, inaction and worry while their home is blighted by this invasive and damaging weed.”

Displayed from 22nd – 26th May 2018, within the Discovery Zone at the PCS’s ‘Enemy Within’ garden.

A rather beautiful plant with luscious, green heart-shaped leaves and dainty clusters of creamy-white flowers will be taking centre stage at the prestigious RHS Chelsea Flower Show this year. Among the show gardens of roses and peonies at this highlight of London’s social calendar, will be none other than Fallopia Japonica, better known as Japanese knotweed, displayed in all its summer flowering glory within the Discovery Zone at the PCA’s ‘Enemy Within’ garden.

The garden will showcase 14 invasive non-native plants which are currently thriving across the country, including buddleia, bamboo and montbretia as well as the infamous Japanese knotweed, delivering a strong message to visitors about the nature of invasive plants and the damage they can do. The exhibit will also provide insights, education and guidance about the plants, including identification, risk, pathways of spread, as well as control and preventative measures.

Profiling Japanese Knotweed and other invasive plants at such an esteemed event is a great way to raise awareness, helping people understand what to look out for and what to do if they discover Japanese Knotweed growing on or near their land. The plant grows extremely rapidly at this time of year and, depending on how much sunshine we have, it could even grow by half a metre during the show, which runs from 22nd to 26th May!

Japanese Knotweed Agency said “We are delighted to see Japanese Knotweed taking centre stage at the Chelsea Flower Show this year to help raise awareness and educate people about Knotweed. The more people are aware the more action can be taken on a country wide scale to reduce the spread and work towards total eradication of this nasty plant”.

A survey on Japanese knotweed awareness amongst adults in Britain was carried out by YouGov plc in May 2017.

A research survey carried out by YouGov highlights a high awareness amongst adults in Britain of the problems associated with Japanese Knotweed. In this summary we highlight and comment on some of the key findings. The data was collated on 5-8th May 2017.

75% of adults in Britain have heard of Japanese knotweed.

In our opinion this is an astonishingly high level of awareness, and probably attributed to significant media coverage over the last 5 years. The % increases with age, rising from 39% for the 18-24 year olds to 91% for those 55+. It seems we do indeed get wiser with age!

Not surprisingly, the % also increases in badly affected areas, for example 95% of respondents in Wales had heard of Japanese knotweed.

78% of adults that had heard of Japanese knotweed would be put off buying a property affected by Japanese knotweed.

The gender split is 75% for men, 82% for women. The most common reason cited for being put off was concern that knotweed can’t always be eradicated or be removed at 65% for men and 73% for women. Are woman more risk averse? Other reasons cited were the difficulty (55%), time (57%) and expense (56%) of removing the plant.

Previous estimates have indicated that up to 5% of UK properties might be affected by Japanese knotweed.

The 5% figure interprets “properties affected” as being those where Japanese Knotweed is present on the property or on an adjoining property. This figure is supported by the YouGov research with 1% of respondents, who were aware of Japanese Knotweed, claiming to have or have had it on their current property, 3% on their previous property, and 2% on their neighbour’s property. 3% of those respondents who would be put off buying a property if it had Japanese Knotweed growing claim to have had a bad experience with Japanese knotweed in the past. It seems the problem is growing, literally.

67% of those aware of the knotweed thought that property value could be reduced by Japanese knotweed.

Over 40% thought the value would be reduced by 10-20%.

The value reduction will be dictated by many factors, such as extent, influence on adjoining properties, property type, value etc. and what can be agreed by a willing buyer and a willing seller.

In our experience the reduction in value, once a treatment programme with an insurance backed guarantee is in place, is around 15% – but such a new area and each property whether commercial or residential must be assessed and reported by a Chartered Valuer.

Only 23% of respondents aware of Japanese Knotweed were also aware of dig-out methods for removing Japanese Knotweed.  

This figure was fairly consistent across gender, age and region. Physical removal of knotweed rhizome is considered more effective than herbicide treatment in the commercial sector.

The low awareness amongst respondents is attributed to the vast number of knotweed companies offering low cost herbicide treatment only solutions.

As the effectiveness of these treatments comes under further scrutiny we expect to see the number of dig-outs increase, following the trend in the commercial sector. It makes good sense to us that excavation and treatment is a double hit against the invasive plant to give the home or property or land owner the most effective route to get rid of the nasty plant.

All figures, unless otherwise stated, are from YouGov Plc.  Total sample size was 2,102 adults. Fieldwork was undertaken between 5th – 8th May 2017.  The survey was carried out online. The figures have been weighted and are representative of all GB adults (aged 18+).

Japanese Knotweed Mortgage Issues: What You Need to Know

Japanese knotweed mortgage problems can mean you don’t get the place of your dreams, so it’s time to take real action.

Finding the property you really want is no easy task. It can take ages, lots of effort and frustrations — and then there’s the major issue of coming up with the financing so you can clinch the deal. What if you managed to get everything sorted, but then a plant stood in your way and all your great, new property plans fell apart?

It may seem incredibly strange, but the plant we’re talking about – Japanese knotweed – is a powerful creature that is causing all kinds of property dilemmas all over the UK. It can lead to Japanese knotweed mortgage problems that can be hard to resolve, leaving buyers and sellers tearing their hair out as their deals are being scuppered by a weed.

Japanese Knotweed Property Problems

It is, however, no ordinary weed. Once Japanese knotweed takes hold in a garden or elsewhere on a property, possibly having crept in from a neighbouring infestation, it is almost impossible to get rid of — if you try to kill it off on your own. It can quickly grow, above as well as under the ground, putting you in a world of Japanese knotweed mortgage issues.

Here’s what can happen:

➤ Japanese knotweed roots, known as rhizomes, spread out wide and deep, sending up new shoots as they go. Simply slashing down the plant and trying to dig up the roots won’t likely do anything to stop it spread. Even if a small part of the root network is left in the ground, it will almost certainly start growing all over again.

➤ As the roots of this beastly plant grow ever-outwards, seeking moisture and nutrients, they can grow into cracks in walls and pipes and cause structural damage as they swell and expand. They can also interfere with water and other underground services around a property as well as growing up through asphalt driveways and even floorboards in a house. It’s a real and seemingly unstoppable alien invader.

➤ As Japanese Knotweed is such a fast grower — shooting up by as much as 20cm per day during the spring and summer growing season — there are real risks to neighbouring properties and land, too. It’s legal to have Japanese knotweed on a property but allowing it to spread to neighbouring homes and land, as well as improperly disposing of it, can attract penalties including fines and even prison terms.

It’s for these reasons that it can be hard or impossible to get a mortgage for a property with Japanese knotweed growing on it. ‘How would a mortgage provider know it’s there?’ you might ask. It will be indicated on a surveyor’s report.

This is what the Council of Mortgage Lenders, an organisation representing around 300 British financial firms, says about properties infested with Japanese knotweed: “Mortgage lenders will normally require evidence of treatment that will eradicate the plant as a condition of lending if knotweed is present on or near the site of a property.” So, how do you go about it?

The evidence of treatment you’ll need to show comes from a professional Japanese knotweed eradication company. Many treatment companies have sprung up and some have been around for years and they will have spent years developing the most effective solutions for getting rid of this pest of a plant — for good. They will use one or a combination of methods, including potent herbicides and dig-outs, so the plant can be removed and should not grow back, in theory anyway!

In the event that it does start regrowing in the same location, further work will be carried out and typically at no additional cost to the homeowner. This is because the insurance-backed guarantees typically provided alongside a treatment plan. Many insurance backed guarantees last for 10 years.

Now, you’re all set to go ahead with the purchase of the property of your dreams.