Originally introduced to England in the 19th century as an ornamental plant, Japanese knotweed is an invasive, non-native species that can damage buildings and land through its root systems. Knotweed can impact the marketability and insurability of your home and present significant difficulties when you come to sell.
The Supreme Court (UKSC) recently considered who to blame for knotweed.
Background
In 2004, the homeowner bought a property next door to that owned by the local authority. At that time, knotweed had already begun to spread. By 2013, the local authority should have been aware of the risk posed to the neighbouring land. However, no action was taken until 2018. This omission gave rise to a continuing tort of private nuisance.
The homeowner sued for damages for the residual diminution in value of his property from 2018, as the local authority could not guarantee that they had wholly eradicated knotweed.
Was the local authority under a continuing duty from 2018?
The County Court held that although the local authority had breached its duty, the homeowner’s claim was for pure economic loss, which was not recoverable.
On appeal to the Court of Appeal, it was held that the continuing breach between 2013 and 2018 had caused harm to the homeowner’s property. That harm was the residual diminution in value, which continued beyond 2018. Damages of £4,900 were awarded.
The local authority appealed to the UKSC.
Judgment
The UKSC unanimously allowed the appeal.
The proper question was whether the diminution in value was “but for” the local authority’s breach between 2013 and 2018. If it had happened regardless, there would have been no causation. Without causation, the local authority would not be liable.
The UKSC noted that the County Court had not found that the breach between 2013 and 2018 had caused a diminution in value. Instead, the diminution had occurred long before any breach had occurred. There was no causal link between the breach and the diminution in value.
Comment
The UKSC has adopted a strict approach to causation. In this case, the Claimant came to the nuisance. Where a landowner is aware of knotweed on its land, does nothing to treat it, and that knotweed spreads to neighbouring land, liability in nuisance may still arise.
For more information about this article or any other aspect of property law, get in touch with your Napthens Solicitors in Preston, Fylde Coast, Kendal, and across the North West, today.
