Network Rail knotweed payout

RAIL

The Court of Appeal has ruled that two homeowners are entitled to damages from Network Rail for the effects of Japanese knotweed spreading to their properties from railway land. 

The homeowners, from Maesteg and Bridgend, were told by Cardiff County Court last year that they could claim for knotweed treatment and £10,000 each for the reduced value of their homes (LTT 17 Feb 17). Network Rail appealed. 

Three appeal judges have now ruled that the homeowners cannot claim for reduced property values but can succeed in their claims for “private nuisance” because encroachment by knotweed rhizomes has “diminished the claimants’ ability to enjoy the amenity and utility of their respective properties”.