Nuisance: Japanese knotweed on neighbour’s land
As stated in the Environment Agency Knotweed Code of Practice “it is not an offence to have knotweed on your land”. However, where knotweed spreads from one property to another or Japanese knotweed on neighbouring land interferes with your property rights, the relevant law is that of private nuisance.
A private nuisance is an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership or occupation of land. Nuisance extends to include encroachment on to neighbouring land such as in the case of overhanging tree branches and tree roots which cross a boundary.
We have acted in many encroachment cases where Japanese knotweed is spreading from neighbouring land, especially Network Rail owned land or land owned by local authorities and councils.
If there is Japanese knotweed on neighbouring land which has not yet encroached onto your property but is stopping you mortgaging your property or is impacting on the value of your property you can still have a claim. In a recent case that Charles Lyndon brought before Cardiff County Court, the mere presence of Japanese knotweed on neighbouring land was sufficient for our client to win compensation:
Next Steps – Japanese knotweed on neighbour’s land
If you believe that you are entitled to compensation in relation to a knotweed issue, in particular if you believe that the source of the knotweed is from property belonging to Network Rail or another corporation, a local council or local housing association, or utility company; or you are unsure as to your legal position please contact us.
You can contact us in a number of ways:
- by using the contact form on this page or by emailing us at email@example.com and one of our support staff will be in touch no later than 24 hours of receiving your enquiry
- by contacting our support staff by calling 0207 058 0050
- by contacting one of our lawyers directly – please contact Dorothea Antzoulatos at firstname.lastname@example.org.