Principles: tree root encroachment
Series: RIBA Journal ; 109(5) May 2002,94(1)Publication details: 2002Subject(s): Summary: Discusses "Delaware Mansions Ltd v Westminster City Council" HL 2001 which has revised debate about the legal liability issues in respect of tree root encroachment causing damage to property. In addition to the standard nuisance tort in which the tree owner is liable for the cost of remedying the damage to the other person's land,it is suggested that liability test that the risk of damage to the neighbouring land should be reasonably foreseeable by the tree owner. Great emphasis is placed on advance notice being given as to potential damage. Owners who purchase property with knowledge of existing tree damage can still claim remedial costs especially if the tree owner has been notified but has done nothing.Considers further architects' duties and obligations concerning tree roots when designing an entirely new building.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS65559 (Browse shelf(Opens below)) | 1 | Available | 118075-1001 |
Discusses "Delaware Mansions Ltd v Westminster City Council" HL 2001 which has revised debate about the legal liability issues in respect of tree root encroachment causing damage to property. In addition to the standard nuisance tort in which the tree owner is liable for the cost of remedying the damage to the other person's land,it is suggested that liability test that the risk of damage to the neighbouring land should be reasonably foreseeable by the tree owner. Great emphasis is placed on advance notice being given as to potential damage. Owners who purchase property with knowledge of existing tree damage can still claim remedial costs especially if the tree owner has been notified but has done nothing.Considers further architects' duties and obligations concerning tree roots when designing an entirely new building.