Warning to Landowners Who Allow Japanese Knotweed to Escape

Knotweed on local authority owned land had encroached onto a private property, the knotweed had subsequently been treated by the local authority. The home owner claimed damages.

On 3 February 2023 his Honour Judge Beard overturned a previous ruling, concluding that although the local authority had carried out reasonable and effective treatment to remove the Japanese Knotweed that the homeowner had suffered residual damage.

This judgment potentially opens the way for more claims against local councils which have allowed Japanese Knotweed to infest neighbouring property. Counsel for Mr Davies confirmed the importance of the Court of Appeal decision saying that “It confirms that a homeowner who suffers a loss in the value of their home from the stigma left from Japanese Knotweed even after it has been treated, can recover damages for that loss”. For more read the item by Jonathan Dinsdale of Blandy & Blandy