Nuisance: title to sue.
Nuisance: title to sue.
- 1999
- Estates Gazette Case Summaries [1999] EGCS 110 (1) .
Delaware Mansions Ltd and another v Westminster City Council. CA 21 July 1999. The Council failed to remove a tree, the roots of which encroached onto nearby property and caused damage. A company then acquired the freehold of the property and had to carry out underpinning works. The company sued the Council for nuisance and negligence, however the judge ruled that neither of the claimants had sufficient interest in the property at the relevant time. The claimants appealed. Appeal allowed.
DELAWARE MANSIONS LTD AND ANOTHER V WESTMINSTER CITY COUNCIL
Delaware Mansions Ltd and another v Westminster City Council. CA 21 July 1999. The Council failed to remove a tree, the roots of which encroached onto nearby property and caused damage. A company then acquired the freehold of the property and had to carry out underpinning works. The company sued the Council for nuisance and negligence, however the judge ruled that neither of the claimants had sufficient interest in the property at the relevant time. The claimants appealed. Appeal allowed.
DELAWARE MANSIONS LTD AND ANOTHER V WESTMINSTER CITY COUNCIL