A wealthy couple have won a landmark case against their neighbour claiming they lost £50,000 value from their posh home – because of her Japanese knotweed.
Adam and Eleanor Smith took Rosemary Line, 74, to the civil court in a dispute over the invasive weed with each side blaming the other for spreading it.
The Smiths, both 44, bought their three-bed detached home, called Craignish, in Maenporth near Falmouth, Cornwall, from Mrs Line for £200,000 in 2002.
At the time, Mrs Line retained some land alongside the house which was not part of the sale.
Rosemary Line (left), 74, was taken to court by Adam Smith (right) and his wife Eleanor, both 44, in a dispute over Japanese knotweed. Both are pictured outside court last year
But the destructive weed began growing on both pieces of land, including the driveway of Mr and Mrs Smith’s house.
The couple, who run an electrical business, launched legal action after claiming the knotweed had reduced the value of their home, now estimated at £500,000, by up to 10 per cent.
The case was heard before judge Simon Carr at the county court in Truro last October but the result of the ruling in favour of the Smiths has just been released.
The case was decided on the basis that while it is not illegal to have knotweed on land, it is illegal to allow it to spread.
Mrs Line has now been ordered to employ Cornwall Council’s contractor Cormac over the next five years to eradicate the weed, as well as pay substantial but undisclosed court costs, believed to run into tens of thousands of pounds.
Speaking after the ruling, Mr Smith said it was a shame they had been forced to go to the courts in the first place.
He said: ‘It was all too little too late. It’s a shame really it got to this. We’ve been asking her for 13 years to sort it out and it could have been done without going to court.
The home near Falmouth on the Cornish coast is pictured with Mrs Line’s land and the Japanese knotweed
‘She played the part of a little old woman being victimised but the judge was very good and could see right through her. It’s caused a lot of stress and I am glad it’s over now.’
He declined to say how much the court had awarded in costs.
The dispute dates back 17 years to when Mr Smith bought the family home, named Craignish, from Mrs Line, who now lives in Falmouth.
At the time she kept some adjoining land, woods and a field next door, which has stables and is used in the busy summer months as a private beach car park.
During the case Mr Smith had argued that Mrs Line had failed to treat the knotweed on her land properly, which had spread onto land alongside the drive of his beach-side family home.
Mrs Line countered by saying she had taken steps, but satellite images over several years showed how the weed had spread.
Giving evidence, Mr Smith said: ‘The only investment I’ve got is my house. I have no money in the bank.
Craignish in Maenporth, Cornwall, which is home to Eleanor and Adam Smith. The couple launched legal action after claiming the knotweed had reduced the value of their home
The case was decided on the basis that while it is not illegal to have knotweed on land, it is illegal to allow it to spread
The Smiths bought their three-bed detached home from Mrs Line for £200,000 in 2002
A map of Maenporth showing the home of the Smiths in red and Mrs Line’s land in blue
‘I’ve worked very hard for my property and I don’t want it ruined. It’s my family home. I’ve spent 15 years working for my children to live opposite the beach and grow up in a pleasant location.’
Mrs Line was unavailable to comment after the case but speaking before the hearing she insisted she had done everything possible to stop the spread.
She said: ‘Over the past 15 years, I have sprayed the Japanese knotweed with herbicide, utilised the services of the council, cut and burned the weed and now entered into a contract with (Cornwall Council contractor) Cormac Ltd to complete an annual knotweed maintenance programme.
What is Japanese knotweed?
Japanese knotweed (right), or Fallopia Japonica, was brought to Europe from Japan in the mid-19th century and was initially lauded for its beauty.
Incredibly invasive, it can grow four inches (ten centimetres) in a day from April to October and a tiny root can establish itself as a plant in just ten days.
The invasive root system and strong growth can damage concrete foundations, buildings, flood defences, roads, paving and retaining walls.
It currently costs the UK economy an estimated £166 million each year for treatment and in home devaluations.
Seemingly solid structures such as tarmac and flooring in houses are no barrier to its growth and the weed also creates a risk of flooding if leaves clog waterways.
Knotweed is recognised by its shovel-shaped leaves, bamboo-like stem and white flowers produced in autumn.
‘Mr and Mrs Smith claim the Japanese knotweed growing on my land is invading them and causing them a nuisance.
‘The Japanese Knotweed was first recorded on my land in 2001, 26 years after it had been present on Mr and Mrs Smith’s property.’
Mrs Line claimed the case could have worrying consequences for anyone with a knotweed problem.
She also claimed the case against her was an ‘underhand land grab.’
A case summary from Mrs Line, submitted as evidence said: ‘Rosemary Line firmly believes that the claimant has been listening to a bit too much Wagner and is interested in invading her land at any given opportunity.
‘Rosemary Line believes this is a malicious case to ‘encourage’ her to pass ownership of the land to the claimant, and a veiled attempt at adverse possession, due to the repeated attempts by the claimant to achieve ownership of the land.’
Legal experts say the outcome of the case has reinforced the legal precedent for homeowners to prevent the spread of Japanese knotweed from their property onto neighbouring land or face the possibility of being sued.
Mark Montaldo, from Cobleys Solicitors, added: ‘This is an important decision and should put people on notice that it will no longer be tolerated to knowingly allow Japanese knotweed to grow on your property unchecked.’
Japanese knotweed was first introduced into the UK from Japan in the 1850s as an ornamental plant but has now been described as ‘indisputably the UK’s most aggressive, destructive and invasive plant’.