Getting to the root of the problem
Language: English Series: Law Society's Gazette ; 103(13) 30 March 2006, 27(1)Publication details: 2006Subject(s): Summary: Assesses the legal implications of repairing damage caused by tree roots, with reference to the decisions in "Delaware Mansions Ltd and another v Westminster LBC and other" ([2001] UKHL 55, X118299) and "Kirk v Brent LBC" ([2005] EWCA Civ 1701, unreported). It is clear that notice of root damage from one tree to one property must be considered notice of the likelihood of damage from a neighbouring or similar tree to an adjoining property, and arguable that the notice need not be specifically given by the claimant, ie a notice given by a former owner of the freehold might be sufficient.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L133060 (Browse shelf(Opens below)) | 1 | Available | 133060-1001 |
Assesses the legal implications of repairing damage caused by tree roots, with reference to the decisions in "Delaware Mansions Ltd and another v Westminster LBC and other" ([2001] UKHL 55, X118299) and "Kirk v Brent LBC" ([2005] EWCA Civ 1701, unreported). It is clear that notice of root damage from one tree to one property must be considered notice of the likelihood of damage from a neighbouring or similar tree to an adjoining property, and arguable that the notice need not be specifically given by the claimant, ie a notice given by a former owner of the freehold might be sufficient.