Getting to the root of the problem
Langley, Margaret
Getting to the root of the problem - 2006 - Law Society's Gazette 103(13) 30 March 2006, 27(1) .
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.
DELAWARE MANSIONS LTD AND ANOTHER V WESTMINSTER CITY COUNCIL
KIRK AND OTHERS V BRENT LBC
Getting to the root of the problem - 2006 - Law Society's Gazette 103(13) 30 March 2006, 27(1) .
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.
DELAWARE MANSIONS LTD AND ANOTHER V WESTMINSTER CITY COUNCIL
KIRK AND OTHERS V BRENT LBC