More recently, the case of Smith v. Line reinforces the Court’s approach to liability for Japanese knotweed. The Court held that the property owner was liable in nuisance for a ten per cent diminution in the value of the Claimant’s £500,000 home, as a result of the spread of knotweed.
Landowners, sellers and buyers are becoming increasingly concerned about the presence of Japanese knotweed. If you are a developer, you should check for any signs at the site and on adjoining land. If you have a problem on your own land, then it is imperative that you are aware of your obligations to treat knotweed. Specialist knotweed surveys can be commissioned if there is concern.
Where knotweed is treated, consideration should be given to whether a guarantee is available and the extent of it. Guarantees should be supported by insurance Japanese knotweed is aggressive and can leave you in a tangle. Act with caution in order to minimise your risk and if in doubt, always seek advice.
Get in touch: Edwards Duthie Shamash Solicitors, 149 High Street, Wanstead, E11 2RL or call us on: 020 8514 9000
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