What is Japanese Knotweed?
Japanese Knotweed is a plant which is all too well known in property circles, yet recent reporting suggests it is less well understood by the vast majority of stakeholders than it ought to be.
Current RICS guidance on Japanese Knotweed describes it as “a hardy bamboo-like perennial plant that grows quickly and strongly. It spreads through its underground rhizomes or roots and thick clumps or stands can quickly grow to a height of over two metres.”
It is clear to see why such an invasive plant is a cause of strife for property owners, prospective purchasers and their professional advisors.
Legal implications
As a result, Japanese Knotweed has been the subject-matter of a range of claims, including, common law ‘nuisance’ where landowners are alleged to have failed to adequately control its spread and ‘professional negligence’ where surveyors have failed to flag its presence in home reports.
In some instances, damages may be sought ranging from the cost of remedial works to diminution in value of the affected property – such as the widely reported award of £50,000 (Ryb v Conways Chartered Surveyors 2019).
Such claims demonstrate the stark impact Japanese Knotweed can have, in particular, in the context of property valuation. However, it has been suggested that the impact of Japanese Knotweed is founded more on an unwarranted perception, than actual evidence.
A new approach?
Reporting of recent empirical studies as to the true impact of Japanese Knotweed suggest that damages claims may be more rooted in hysteria (and, in some instances, the market’s response to the same) than fact.
There are studies supporting fears that Japanese Knotweed causes material damage to buildings when growing in close proximity to them (Leeds University, 2018). That said, a recent report issued by the House of Commons Science and Technology Committee noted the lack of empirical evidence on the effect of Japanese Knotweed on the ‘built environment’ (‘Japanese knotweed and the built environment’, May 2019).
Regardless of the outcome, further studies are clearly to be welcomed in order to provide much needed clarity on the implications of Japanese Knotweed. In turn, it would be beneficial to all stakeholders for guidance derived from the evidence gathered in such studies to form the basis of the Court’s approach to Japanese Knotweed claims.
Perhaps a shift from the rhetoric of ‘combating’ Japanese Knotweed is needed, in favour of understanding its true impact for the benefit of all stakeholders.
If you require advice in connection with any of the topics raised in this article, please contact our property litigation team.
