The legal remedy for Knotweed spreading onto your land from adjoining land can be found in civil nuisance. To bring a successful claim, the claimant needs to demonstrate that the Knotweed originated from the adjoining land, and that the Knotweed is causing the claimant owner “nuisance”. It’s not always easy to prove the Knotweed origin, but an expert should be able to give an opinion based upon “the balance of probabilities”, the test required in a civil case. A site survey should be able to identify this.
Japanese Knotweed Agency has a full start to finish support program for those that need to go down a legal route to protect them and their home. If the adjoining landowner, the defendant, is seen to be taking reasonable steps to mitigate the nuisance that may in itself be a partial defence, but still cannot address any diminution or loss in value of your home due to the presence of Knotweed. However, we often see steps being taken that are not reasonable e.g. long treatment programmes and restrictions on use of the garden/property whilst the lengthy treatment programme is carried out.
A property that has been affected by Japanese Knotweed may well have its value lowered even after treatment, and potential buyers may be put off just by the fact there has been Knotweed there before. The stigma element of Knotweed can play a part in buying and selling houses for years after.
If you think you are a victim of encroachment, please talk to us. We can help you.
One of our expert associates can provide Japanese Knotweed expert witness services in accordance Civil Procedure Rules (CPR 35). We can also put you in touch with our panel of experienced Solicitors and Barristers, highly experienced in Japanese Knotweed disputes, and who can offer a representation service on a No Win No Fee agreement.
Call us on freephone 03335 777 888.