Warning: Japanese knotweed can seriously damage your property. Alec Samuels reports
- Japanese knotweed: fear and terror.
- Property rights.
- Remedies.
Japanese knotweed. The mere words strike anxiety, fear and terror into every property owner. It has been described as pernicious, vicious and contaminating. It can seriously damage property; it is extremely difficult to eradicate or control; it inhibits development, and must be buried deep or covered up or removed after development can take place, and removal is a difficult, extensive and expensive operation.
Violation
The owner of property has the right to quiet enjoyment, the right to use and enjoy, to comfortable and convenient use and the right to the amenity of his property, without interference. The violation of this right gives the right to the remedy for the tort of nuisance. The damage may be physical, eg damage to the soil, but need not be physical. For example, encroaching or penetrating noise, smoke, smell or dust may suffice for nuisance.
Blackacre has Japanese knotweed, proved or admitted. The owner of adjoining Whiteacre seeks a remedy. Is
