Chinedu Orogbu, Director of Housing based in Duncan Lewis’ Dalston office, has written for Asian Voice on the nuisance plant, Japanese knotweed, which neighbours are now able to sue over if the plant encroaches on their land. Chinedu explains that whilst many landowners do not know how to recognise the plant on their property, it is important to look out for it as it is an incredibly invasive and destructive plant (click read more to see image). Claims made against neighbours for allowing Japanese knotweed growing on their land to enter onto a neighbour’s property can be brought under the Wildlife and Countryside Act 1981, the Environmental Protection Act 1990 and is covered by Private Nuisance Law. Chinedu explains how Private Nuisance Law enabled two homeowners to claim against Network Rail for allowing Japanese knotweed to spread onto their properties: “In this regard the Court of Appeal in the case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell [2018] EWCA Civ 1514 has held that encroachment of Japanese knotweed onto the Claimants land from property owned by Network Rail constituted a nuisance for which the Claimants were entitled to damages. The rationale for so holding was that presence of and encroachment of the Japanese knotweed onto the claimants land/properties had diminished their ability to enjoy the amenity and utility of their properties.”
