Homeowners will now be able to claim damages from adjoining&nbsp;third party&nbsp;landowners if &lsquo;pernicious&rsquo; Japanese knotweed has encroached on their property.The landmark ruling from the Court of Appeal found in&nbsp;favour&nbsp;of two adjoining householders from&nbsp;Maesteg,&nbsp;south&nbsp;Wales, who had been fighting an appeal by Network Rail after an earlier and successful damages claim against the national rail transport provider and landowner in Cardiff in February last year.One of the homeowners,&nbsp;Mr&nbsp;Robin&nbsp;Waistell, had tried to sell his bungalow in&nbsp;2013,&nbsp;but discovered as there&nbsp;was&nbsp;more than 600 square&nbsp;metres&nbsp;of knotweed on the railway embankment behind the property, no lender would invest in the property. Although Network Rail&nbsp;were&nbsp;asked to control the invasive weed, it failed to comply in ways that would have been deemed effective.Three leading judges in the Court of Appeal ruled that the two homeowners were entitled to damages as the&nbsp;plants&nbsp;extensive network of rhizomes had extended beneath both properties. The court refused Network Rail permission to challenge the ruling in the Supreme Court.Announcing the decision Sir Terence&nbsp;Etherton, the Master of the Rolls, said, &ldquo;Japanese knotweed, and its roots and rhizomes, does not merely carry the risk of future physical damage to buildings, structures&nbsp;and&nbsp;installations on the land. Its presence imposes an immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land.&rdquo;He added that knotweed &lsquo;can fairly be described as a natural hazard which affects landowners&rsquo; ability fully to use and enjoy their property and, in doing so, interferes with the land&rsquo;s amenity value&rsquo;.

Knotweed Redress

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