Japanese Knotweed & Network Rail

atprice

Hi


So, I have JKW at the very bottom of my garden which is coming from Network Rail land. They have a management programme in place to rectify this, but the JKW is also in both my neighbour's properties - one is owned by a housing association and occupied by a 93 year old lady, and one is owned privately. The chances of all 3 treating the JKW and getting rid of it is remote. I've had a quote of £5k from a specialist to put a root barrier between myself and all three neighbouring properties, plus a treatment plan for my garden over 4 years.


What do you think my chances are if I was to ask Network Rail to contribute to the cost, bearing in mind it is illegal to allow JKW to encroach on other people's properties?

Davesnave

If Network Rail already have treatment in hand, they may take the view that any claim you make against them in law could be mitigated by their (now) responsible action to deal with it.

On the other hand, you'd not have the knotweed, nor would your neighbours, if it can be shown that it originated on railway land.

Ah, but did it? Is there a paper trail of complaints from you/your neighbours on this subject, or have you all been equally negligent by ignoring the problem up to now? (Just being devil's advocate.)

It seems madness to me that Network Rail are not liaising with you, since if what you say about your neighbours is true, NR's eradication programme will be affected by a probable reinfestation from them. Why on earth is this all being done/not done independently?

As for the chance of compensation, no one here may know, though I have a close friend who does very well out of granting them access to their own line every so often!

Steve_xx

Davesnave wrote: »

As for the chance of compensation, no one here may know, though I have a close friend who does very well out of granting them access to their own line every so often!

Compensation for what?

Davesnave

Steve_xx wrote: »

Compensation for what?

The OP asked:

"What do you think my chances are if I was to ask Network Rail to contribute to the cost, bearing in mind it is illegal to allow JKW to encroach on other people's properties?"

Steve_xx

Davesnave wrote: »

The OP asked:

"What do you think my chances are if I was to ask Network Rail to contribute to the cost, bearing in mind it is illegal to allow JKW to encroach on other people's properties?"

Yes I noted that. But the OP didn't mention "compensation". You mentioned that!

Davesnave

I took 'contributing to the cost' to mean compensation for allowing the spread of JK, but I also raised questions about getting them to accept liability, which is a matter preceding compensation.

I also drew on my knowledge regarding a close friend, who is compensated whenever NR come onto his land and damage it, which is relatively often if it's in winter time.

Have you anything to contribute?

daveyjp

You show Network Rail the extent of the problem and get them to sort all of it.

I wouldn't spend a penny on trying to sort it yourself - it's a waste of money.

Within a few years the railway knotweed will be back as they can never get rid of all of it. If you spend money on barriers it will still get back into your garden.

Steve_xx

Davesnave wrote: »

I took 'contributing to the cost' to mean compensation for allowing the spread of JK, but I also raised questions about getting them to accept liability, which is a matter preceding compensation.

I also drew on my knowledge regarding a close friend, who is compensated whenever NR come onto his land and damage it, which is relatively often if it's in winter time.

Have you anything to contribute?

Yes I do have something to contribute. And of course as you have explained, your mention of compensation is not the same as contributing.

You mentioned that NR came onto your friends land and caused damage. Thereby triggering compensation for said damage. So, this is classic case in negligence. In your friends case the three criteria in a negligence case can be satisfied, ie a duty of care is owed, that duty was breached, and damage was sustained as a result of the breach. Any claim for negligence would be satisfied here and compensation would be due.

In the case of the OP here, there is also duty of care owed and clearly that duty has been breached, but critically, has there been damage sustained as a result? It seems like there has not. But there is a potential for damage and so the OP should contact NR and insist that they remove the offending Knotweed. It isn't quite the same thing as compensating for damage as a result of a breach of duty of care, since the OP hasn't said that there has been damage caused, as yet.

Davesnave

Steve_xx wrote: »

In the case of the OP here, there is also duty of care owed and clearly that duty has been breached, but critically, has there been damage sustained as a result? It seems like there has not. But there is a potential for damage and so the OP should contact NR and insist that they remove the offending Knotweed. It isn't quite the same thing as compensating for damage as a result of a breach of duty of care, since the OP hasn't said that there has been damage caused, as yet.

OK, sloppy language on my part, but you're saying that the OP and NR should be acting together, not seperately, which is what I was suggesting too.

Steve_xx

Davesnave wrote: »

OK, sloppy language on my part, but you're saying that the OP and NR should be acting together, not seperately, which is what I was suggesting too.

I think that the OP should write to NR informing them of its presence on their land. NR are not obliged to remove it from their land, but they are obliged not to allow its spread onto someone else's land. The OP should take photographs of the area affected as proof. Part of the reason for having dated photographic evidence is because at some future date NR could argue that the nuisance emanated from the OP's land!

The OP may further document their claim by writing to and sending all of the evidence I have described to the Environment Agency.

I'm sure that NR will wish to treat the Knotweed so that it is effectively destroyed.

rockchick113

I treated JKW myself after some very high quotes. I used this
https://www.pitchcare.com/shop/professional-total-weed-killers/rosate-360-tf-5l-glyphosate.html?utm_source=google&utm_medium=organic&utm_campaign=google_shopping&pcode=112ROSAT005&telx=01902-440268&gclid=EAIaIQobChMInv7awebF2gIV1RXTCh1UuwumEAYYASABEgKoDPD_BwE

I injected it into the stems in sept and its done the trick. IT DOES NEED TO BE INJECTED NOT SPRAYED.