In DAVIES v BRIDGEND CBC (2023) EWCA Civ 80 the Court of Appeal considers whether there is an actionable nuisance and entitlement to damages for diminution in value of neighbouring land when the is knotweed on the defendant’s land. Potentially YES, if the knotweed encroaches from the Council’s land onto the claimant’s land and interferes with the claimant’s quiet enjoyment or amenity. NO, if the knotweed is only on the Council’s land, even if it is close to the boundary and there is a risk of it invading the claimant’s land. Any diminution in value of the claimant’s land is pure economic loss and not recoverable.
Subscribe
Get an email when we publish a new post on this blog. We’ll never share your email and you can unsubscribe any time. Our use of your details is explained in our privacy policy.
"*" indicates required fields
Headings
- Best Value (13)
- Capital Finance and Companies (54)
- Council Tax and Rates (73)
- Decision making and Contracts (262)
- Elections and Bylaws (32)
- Environment, Highways and Leisure (117)
- General (17)
- Housing (146)
- Human Rights and Public Sector Equality Duty (104)
- Judicial Control, Liability and Litigation (217)
- Land, Goods and Services (72)
- Local Authority Powers (73)
- Non Judicial Control (21)
- Planning and Environmental (152)
- Social Care (74)
- Standards (23)
Disclaimer
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
Comments are closed.
11KBW, 11 King’s Bench Walk, Temple, London EC4Y 7EQ | Tel: 020 7632 8500
Privacy | Terms & Conditions | © 11KBW 2024
Privacy | Terms & Conditions | © 11KBW 2024