Delaware Mansions Ltd v Flecksun Ltd
Language: English Series: Construction Industry Law Letter ; April 1998, 1370-1372(3)Publication details: 1998Subject(s): Summary: The first plaintiff, a company wholly owned by the leaseholders of Delaware Mansions, Maida Vale, W9 was charged with the upkeep of the flats. The second plaintiff, which purchased the freehold from the Charity Commission in 1990, is a wholly owned subsidiary of the first plaintiff. The plaintiffs alleged that the roots of a tree which stood outside block 10 of Delaware Mansions encroached into the ground beneath the basements of blocks 10 and 11, and abstracted water from underlying clay soil, therby causing it to shrink. As a result of the shrinkage, substantial structural damage was caused to four blocks. The plaintiffs alleged thaty they had a cause of action in tort in respect of that loss against the defendant, the Highways Authority, who was responsible for the maintenance of the trees lining the road, based on nuisance and negligence. HEADNOTE.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X91390 (Browse shelf(Opens below)) | 1 | Available | 85864-1001 |
The first plaintiff, a company wholly owned by the leaseholders of Delaware Mansions, Maida Vale, W9 was charged with the upkeep of the flats. The second plaintiff, which purchased the freehold from the Charity Commission in 1990, is a wholly owned subsidiary of the first plaintiff. The plaintiffs alleged that the roots of a tree which stood outside block 10 of Delaware Mansions encroached into the ground beneath the basements of blocks 10 and 11, and abstracted water from underlying clay soil, therby causing it to shrink. As a result of the shrinkage, substantial structural damage was caused to four blocks. The plaintiffs alleged thaty they had a cause of action in tort in respect of that loss against the defendant, the Highways Authority, who was responsible for the maintenance of the trees lining the road, based on nuisance and negligence. HEADNOTE.