Delaware Mansions Ltd and another v Westminster CC
Series: Estates Gazette ; [1999] 46 EG 194-196(3)Publication details: 1999Subject(s): Summary: CA 21 July 1999. In June 1990 the second appellant company (A) purchased the freehold of a number of blocks of flats. The first defendant (D) acted as a maintenance company for the tenants, who owned the company. Prior to the purchase, D had been advised the property was being damaged by the roots of a tree for which the Council (W) were responsible. W refused to fell the tree, and remedial works were carried out to the property. The court below found that because most or all of the damage had occurred prior to purchase and that A and D therefore had no cause of action in nuisance. A and D appealed. "Held" A's appeal allowed: it was irrelevant that the nuisance had existed before A purchased the properties.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS61610 (Browse shelf(Opens below)) | 1 | Available | 102757-1001 |
CA 21 July 1999. In June 1990 the second appellant company (A) purchased the freehold of a number of blocks of flats. The first defendant (D) acted as a maintenance company for the tenants, who owned the company. Prior to the purchase, D had been advised the property was being damaged by the roots of a tree for which the Council (W) were responsible. W refused to fell the tree, and remedial works were carried out to the property. The court below found that because most or all of the damage had occurred prior to purchase and that A and D therefore had no cause of action in nuisance. A and D appealed. "Held" A's appeal allowed: it was irrelevant that the nuisance had existed before A purchased the properties.