000			01471cab a2200241 4500
001			X91390
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u85864
041			_aeng
245			_aDelaware Mansions Ltd v Flecksun Ltd
260			_c1998
350			_a0
490			_aConstruction Industry Law Letter _vApril 1998, 1370-1372(3)
520			_aThe 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.
650			_aDELAWARE MANSIONS LTD V FLECKSUN LTD V WESTMINSTER CC
650			_aNEGLIGENCE
650			_aNUISANCE
650			_aTREE ROOTS
650			_aTREES
690			_aLAW-CASE LAW
942			_n0
948			_c28/04/1998
999			_c54013 _d54013