A whole industry has developed around Japanese knotweed (‘JK’) litigation. But what does the future hold?
Japanese knotweed is an invasive foreign species. It was introduced into the UK in the mid-19th century, whereupon it outcompeted indigenous flora and spread rapidly where not kept in check. Since 1981, it has been an offence ‘to plant or otherwise cause JK to grow in the wild’. Soil contaminated with JK stalks or rhizomes is likely to be categorised as ‘controlled waste’ under the Environmental Protection Act1990.
So, JK gets a very bad press. Mortgage companies and Insurers are wary of it. Property-buyers generally consider it to be a blight, and when an owner finds JK on their land, then some turn to litigation. That litigation can take various forms, but two of the most common are claims in misrepresentation and in nuisance
Please click on this link for the full article by Jon McNae on the future of Japanese knotweed litigation.