Tree root subsidence after Delaware Mansions
Wignall, G
Tree root subsidence after Delaware Mansions - 2001 - Solicitors' Journal 145(47) 14 December 2001, 1148-1149(2) .
Examines the consequences of the recent "Delaware Mansions v Westminster CC" decision concerning liability of tree owners for property damage caused by their trees. The HL upheld the new owners' claim for root damage despite English law generally not allowing a person to recover damages for loss that has been incurred by someone else. HL applied the rule established by " Sedleigh-Denfield v O'Callaghan" (1940) that a landowner on whose land a hazard arises is under a duty of care to take such steps as are reasonable to ensure his neighbour does not sustain damage. Full copy of HL judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm.
DELAWARE MANSIONS AND FLECKSUN V WESTMINSTER CC
TREE ROOT SUBSIDENCE
LANDOWNERS
LIABILITY
DUTY OF CARE
TREE ROOTS
Tree root subsidence after Delaware Mansions - 2001 - Solicitors' Journal 145(47) 14 December 2001, 1148-1149(2) .
Examines the consequences of the recent "Delaware Mansions v Westminster CC" decision concerning liability of tree owners for property damage caused by their trees. The HL upheld the new owners' claim for root damage despite English law generally not allowing a person to recover damages for loss that has been incurred by someone else. HL applied the rule established by " Sedleigh-Denfield v O'Callaghan" (1940) that a landowner on whose land a hazard arises is under a duty of care to take such steps as are reasonable to ensure his neighbour does not sustain damage. Full copy of HL judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm.
DELAWARE MANSIONS AND FLECKSUN V WESTMINSTER CC
TREE ROOT SUBSIDENCE
LANDOWNERS
LIABILITY
DUTY OF CARE
TREE ROOTS