In a previously notable case regarding the contentious issue of Japanese Knotweed encroachment and its impact on property value; the case of Davies v Bridgend County Borough Council has been overturned following an appeal to the Supreme Court.
Background
Mr Marc Davies, a property owner in South Wales, discovered that Japanese knotweed had encroached onto his investment property from neighbouring council land, and later took Bridgend County Borough Council to court.
Mr Davies initially lost his case at court with the Judge dismissing the claim for residual diminution in the value of Mr. Davies’ property. Mr Davies then took his case to the Court of Appeal where the decision was upheld at first appeal. On the second appeal Mr Davies won his case and the Court of Appeal ordered Bridgend Council to pay £4,900 in damages, having found that if there has been encroachment then there has been physical interreference with the claimant’s property and the claimant’s quiet enjoyment of the property. Therefore, consequential losses, including diminution in value, are recoverable.
They then found that the harm to Mr Davies’ quiet enjoyment of the property persisted because the nuisance was continuing, and the breach of duty was a result of the persisting encroachment.
Supreme Court Appeal
Bridgend Council appealed the Court of Appeal decision to the Supreme Court and won, as it was ruled that the Japanese knotweed had been present for a long time and damage was unavoidable.
It was accepted that Japanese Knotweed had already spread onto the property from the council-owned land next door before Mr Davies raised the issue in 2019. The Supreme Court held that the impact on the value of the property was unavoidable.
Lord Justice Stephens concluded that the impact of the knotweed on the value of Mr Davies’ property would not have been avoided, even if the work had been carried out sooner. He also added that the knotweed was already present on the land before 2013, and so the loss in value was natural.
This ruling underscores the complexity of addressing Japanese knotweed issues. It sets a precedent that the inevitability of damage from pre-existing infestations may limit claims for diminution in property value.
At Farleys, we have successfully assisted a number of clients in Japanese Knotweed claims. If you would like to discuss a potential claim with our expert litigation team, then please contact us on 0845 287 0939, complete our online contact form, or talk to us on the online chat below.
