L E Jones (Insurance Brokers) Ltd v Portsmouth CC
L E Jones (Insurance Brokers) Ltd v Portsmouth CC
- 2002
- 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 1723 .
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.
L E JONES (INSURANCE BROKERS) V PORTSMOUTH CC
LIABILITY
TREE ROOT SUBSIDENCE
AGENCY AGREEMENTS
NUISANCE
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.
L E JONES (INSURANCE BROKERS) V PORTSMOUTH CC
LIABILITY
TREE ROOT SUBSIDENCE
AGENCY AGREEMENTS
NUISANCE