Readers Choice
After hearing from our readers on
what they would like to hear about in
this edition we contacted Japanese
Knotweed who kindly gave us some
great tips on identifying knotweed.
If there is a specific topic you would like
to learn more about then please do get
in touch!
JAPANESE KNOTWEED:
THE ACTIONABLE NUISANCE
Knot to be Ignored
Case 1
In July 2018, Network Rail were successfully sued by two homeowners
for encroachment of Japanese knotweed upon their properties (EWCA
Civ 1514). The Court of Appeal awarded the claimants compensation for
the “loss of amenity value”. This case solidifies that fact that Japanese
knotweed is an actionable nuisance for which damages can be claimed.
Case 2
In December 2018, Bristol County Council prosecuted a local property
owner under the Anti-Social Behaviour, Crime and Policing Act 2014. The
prosecution was the result of complaints from adjoining properties that
the landowner had failed to prevent the spread of Japanese knotweed
originating from the landowners’ property. They were fined £18,000 plus
costs.
Case 3
In February 2019, in the case of Ryb v Conways Chartered Surveyors
[2019], an experienced and RICS qualified surveyor was found guilty of
professional negligence for failing to identify Japanese knotweed at a
property in north London. Damages of £50,000 for the loss in property
value were awarded to the claimant, plus the cost of excavating the
knotweed.
These cases serve a warning to all property owners and property
professionals that failing to control knotweed on your property or failing to
identify knotweed can result in claims being made. It is within landlords,
groundsmen, landscapers, gardeners, surveyors and property owners’
interests to know how to identify and manage knotweed.
36
Landscape & Urban Design Issue 38 2019
Spring Identification
You might have noticed as the weather
improves and the days become longer,
that Japanese knotweed growing
season is upon us. The emergence of
knotweed depends on the weather, but
as a guide, it starts to appear between
April to May, with shoots that look like
red/purple asparagus spears.
As it grows, the leaves unfurl,
revealing lime-green shovel-shaped
leaves. The stems have the indicative
zig-zig growth pattern, which are
green with visible purple speckles
near the base of the stem.