Principles: tree root encroachment
McGrigor
Principles: tree root encroachment - 2002 - RIBA Journal 109(5) May 2002,94(1) .
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.
TREE ROOTS
ENCROACHMENT
DELAWARE MANSIONS LTD V WESTMINSTER
NUISANCE
SUBSIDENCE
KALISZEWSKA V JOHN CLAGUE & PARTNERS
Principles: tree root encroachment - 2002 - RIBA Journal 109(5) May 2002,94(1) .
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.
TREE ROOTS
ENCROACHMENT
DELAWARE MANSIONS LTD V WESTMINSTER
NUISANCE
SUBSIDENCE
KALISZEWSKA V JOHN CLAGUE & PARTNERS