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Tree roots, property damage and the law: an update

By: Series: Structural Survey ; 20(1) 2002, 19-21(3)Publication details: 2002Subject(s): Summary: Uses variety of cases to illustrate liability for subsidence damage following encroachment by tree roots from neighbouring land. Special reference is made to "Delaware Mansions Ltd v Westminster City Council". Covers introduction to problem, liability for damage, restraint on continuing nuisance (planted or self-sown), knowledge and foreseeability of damage, cost and inconvenience of investigation, changed ownership of damaged property, and reasonability of notice to tree owner and opportunity to carry out remedial work.

Uses variety of cases to illustrate liability for subsidence damage following encroachment by tree roots from neighbouring land. Special reference is made to "Delaware Mansions Ltd v Westminster City Council". Covers introduction to problem, liability for damage, restraint on continuing nuisance (planted or self-sown), knowledge and foreseeability of damage, cost and inconvenience of investigation, changed ownership of damaged property, and reasonability of notice to tree owner and opportunity to carry out remedial work.