Landscape & Urban Design Issue 38 2019 | Page 36

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.