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L E Jones (Insurance Brokers) Ltd v Portsmouth CC

Series: Estates Gazette ; [2002] 47 EG 146 (CS) | Estates Gazette ; [2003] 15 EG 139-143 | Building Law Reports ; [2003] BLR 67-78(13 | Court of Appeal (Civil Division) ; [2002] EWCA Civil 1723Publication details: 2002Subject(s): Summary: CA 7 November 2002. It was found that a local authority, the appellant (P), was liable for damage to the respondent's (L) property caused by tree roots. The trees were on land owned by Hampshire CC but P maintained the land and trees under an agency agreement. Failure to maintain the trees led to soil desiccation and the need for L's property to be underpinned. It was held that the agreement was sufficient for P to have prevented or eliminated the nuisance. Held. Appeal was dismissed.
Holdings
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Law report London Journal article ABS66174 (Browse shelf(Opens below)) 1 Available 120663-1001

CA 7 November 2002. It was found that a local authority, the appellant (P), was liable for damage to the respondent's (L) property caused by tree roots. The trees were on land owned by Hampshire CC but P maintained the land and trees under an agency agreement. Failure to maintain the trees led to soil desiccation and the need for L's property to be underpinned. It was held that the agreement was sufficient for P to have prevented or eliminated the nuisance. Held. Appeal was dismissed.