Japanese knotweed was first brought to the UK in the 19th century after the plant was discovered in Japan. Initially it was valued for its beauty, however, opinion changed when it was discovered the weed had fast growing roots which impacted buildings.

In recent times, Japanese knotweed has been a problematic issue. Due to its fast growth it can cause problems with drains, paving slabs, walls and even foundations. Once established in your property, it can be very hard to remove and treatment can costs thousands of pounds. Experts say Japanese knotweed can be found along railway lines, suburban streets and new housing developments across the country.

Williams v Network Rail Infrastructure Ltd

In February 2017, Cardiff County Court concluded the encroachment of Japanese knotweed from Network Rail’s land was ‘sufficiently serious’ as to interfere with the Claimants’ quiet enjoyment of their properties because they were reduced in market value. Network Rail had breached the duty of care owed to Claimants because they were aware of Japanese Knotweed on the land but failed to treat it effectively.

Network Rail challenged the decision and the appeal was considered by the Court of Appeal. The landmark case ruled that Network Rail was liable for the encroachment of Japanese knotweed from its property into the gardens of neighbouring bungalows.

It is said this ruling could now affect thousands of homeowners living near railway lines who find themselves in the same position.

What can I do?

Experts have said once Japanese knotweed is reported; the weed is treated until the problem is eradicated. Treatment typically lasts for 3 to 5 years but depends on each case. Landowners have a legal obligation to stop weed encroaching onto or damaging neighbouring properties.

In the first instance, you should complain to the landowner if there is suspected Japanese knotweed. Simply digging it out will not get rid of Japanese knotweed and more importantly, digging it out could be a criminal offence. As it is so invasive, Japanese knotweed is controlled waste and legislation exists to control how it is disposed of. You cannot simply put it in your recycling bin.

However, if the landowner fails to take action you may need to consider taking independent legal advice. You will need a strong combination of legal, surveyor and treatment advice.

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