Robin Waistell v Network Rail.

Friday 10th February 2017

A very interesting legal case has recently been heard. In it a householder successfully sued Network Rail for failing to control their Japanese knotweed, which had then spread into his property. This is (as far as we know) only the second case (the first being Flanagan v Wigan Metropolitan Borough Council in 1995). This more recent case however established an important point, that not only had there been direct encroachment by the knotweed onto Mr Waistell’s land, but also that the mere presence of untreated Japanese knotweed on adjoining land was an actionable interference with the use and enjoyment of Mr Waistell’s land. As a result of this Mr Waistell has been awarded damages including for the resulting reduction in value of his property and the costs of the treatment.

This is an important legal case and it will change the advice that we will now offer as it holds landowners to account and imposes a positive duty on them to ensure that any Japanese knotweed that is on their property is not preventing neighbouring owners from being able to sell their property for the market value.

With staff covering all of England & Wales, speak to the professional Japanese knotweed Company about your knotweed problems, contact us on 01327 703129 or 01962 886060 or email us on enquiries@jkweed.co.uk or sharon@jkweed.co.uk