A homeowner has won a landmark judgment against his local council after his back garden was invaded by Japanese knotweed from a nearby cycle track.
A homeowner has won a landmark judgement against a council after his back garden was invaded byEngineer Marc Davies, 38, sued Bridgend County Borough Council when the ‘pernicious’ invasive weed spread from its land – a former railway line – and on to his property.
The case will also cost the council about £300,000 in lawyers’ bills and could pave the way for more homeowners who have been invaded by knotweed to claim damages. The council began tackling the plant with a ‘reasonable and effective treatment programme’ from 2018, after which his incursion could also be treated.
He won a ruling by senior judges at the Court of appeal which confirms the right of homeowners to claim damages for ongoing lost house value after knotweed has invaded from a neighbour’s property.Ruling on the case, appeal judge Lord Justice Birrs – sitting with Lord Justice Snowden and Lord Justice Baker – said the diminution in value was ‘consequential on the nuisance’ and there was no law stating that ‘consequential damage to the claimant’s economic interests is irrecoverable.
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