In recent news you may have noticed there has been more incidents of Japanese Knotweed claims. Recently, we have written a blog about the court case involving Mr Downing suing his seller, however, a new case study has come to light, yet again, showing the significance of ordering the Indemnity Policy.
Marc Davies sued Bridgend County Borough Council in south Wales after the ‘pernicious’ weed escalated from an unused railway line on its land and into his garden. In 2004, Mr Davies bought his house in Nant-y-moel, however, he wasn’t aware that on the neighbouring council land, the plants that were growing were knotweed. It has now been outlined that the knotweed had likely been there for more than 50 years on the council land and had grown into Mr Davies’ property before he had even bought it. He said that the existence of the plant, even when it had been managed, could harm the value of his house as it has put a stop to him or others from landscaping, building in the garden or putting up a shed.
Mr Davies has won a ruling by senior judges which confirms the right of homeowners to claim damages for ongoing lost house value after knotweed came in from a neighbouring property. In the end, the case will cost the council around £300,000 in lawyers’ bills and he was awarded £4,900.
Earlier in the initial trial, Mr Davies explained that the ‘knowledge of having Japanese Knotweed at the boundary of my property caused me immense distress’, which shows the need to check whether there is Japanese Knotweed anywhere near or within the property you are looking to buy. Our Japanese Knotweed Indemnity Policy produced by CLS can be purchased from PALI. It is designed to protect buyers, lenders, landlords and successors for 5 years. It is available for both residential and commercial properties, up to 0.5 acres in size and offers an indemnity limit of £20,000.
As mentioned previously, these articles reveal and provide evidence as to why it is so important to order indemnity insurance for Japanese Knotweed. If you would like more information on PALI’s wide range of services, including CLS Indemnity Policies, contact us on search@paliltd.com or 0800 023 5030 today.
