Williams v. Network Rail Infrastructure Ltd.

Tuesday 3rd July 2018

In a landmark ruling, the Court of Appeal has today decided that the presence of encroaching Japanese knotweed rhizomes (across the boundary) would in the opinion of the court be sufficient to prove that an interference with the owner’s right to peaceful enjoyment of their property had occurred and damages might be claimable. This does not enable homeowners to claim for loss of value of their property, however it does enable damages to be claimed. This case came about as Network Rail failed to treat their knotweed over many years (perhaps decades), and so caused a major impact upon their neighbours.

This judgement will in our view change many people’s and organisations views on the importance of properly dealing with their Japanese knotweed problem. Whether you are a landlord, a home owner, a company or other organisation, you will need to address your knotweed problem. Allowing knotweed to spread onto neighbouring land is no longer an option, as you may be held accountable for your neglect in a court of law.

While we cannot time travel and prevent you getting Japanese knotweed in the first place, we can start an effective and professional eradication strategy quickly and in so doing reduce the risk that a legal claim can be made or minimise the damage. If Network Rail had taken effective action, when their neighbours first complained to them, this case may have had a different result.

We can offer professional surveys, proper eradication programmes (with costs spread over the eradication period), long term monitoring and insurance products (if needed). Our staff are qualified, trained, experienced and professional. We use discreet vehicles (no sign writing – would you want to advertise the fact that you have Japanese knotweed?).

Our eradication programmes are cost effective and effective. We do not offer unsubstantiated herbicide programmes, and we also provide expert monitoring during the guarantee period. We are professionals and proud to lead our industry.

With staff covering all of England and Wales, speak to the professional company about your Japanese knotweed (and other invasive weed) problems. Contact us on 01327 703129 or 01962 886060, or email us on enquiries@jkweed.co.uk or sharon@jkweed.co.uk