Japanese knotweed claims

In recent years many properties, particularly those located in the vicinity of rail tracks, have been affected by Japanese knotweed. This is a fast growing and invasive plant. It can grow anywhere, has distinctive red stems and flat leaves, reach heights of up to four meters and its roots can stretch three meters deep, extending around seven meters in all directions.

Japanese knotweed damage can be severe. It is very difficult and expensive to remove once it is on your land. Even if the smallest piece of root is left in the soil the weed can re grow very quickly and occupy large areas making it unavailable for any other purpose. Its root system is very strong, so strong that it can break through concrete and may cause serious damage to buildings and drainage systems if not kept under control. The properties most at risk are those close to railway tracks; rivers; construction sites etc. In some areas companies such as Network Rail have actively planted Japanese knotweed to sure up embankments and other areas of land.

The presence of Japanese knotweed on your land is likely to amount to encroachment and give rise to a nuisance claim equally where the defendant is a public body, company or a private individual. The effect is the same: the presence of Japanese knotweed amounts to an interference with quiet enjoyment and is actionable as nuisance without physical damage.

Similarly to cavity wall claims, if your property is affected by Japanese knotweed spreading from the neighbouring land, you should take photographic evidence and consider obtaining expert advice. This will help you negotiate the remedial action and damages with the owner of the land from which this nuisance plant has spread onto your property.

When can I make a claim?

In the absence of a response or remedy to your problem, you should obtain independent legal advice as soon as possible. The limitation period is six years.