000 01369cam a2200241 4500
001 ABS61610
008 000000n1999 000 0 eng u
035 _a(Sirsi) u102757
245 _aDelaware Mansions Ltd and another v Westminster CC
260 _c1999
490 _aEstates Gazette
_v[1999] 46 EG 194-196(3)
520 _aCA 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.
590 _aABS
650 _aNUISANCE
650 _aSUBSIDENCE
650 _aTREE ROOTS
650 _aREMEDIAL WORKS
650 _aDELAWARE MANSIONS LTD AND ANOTHER V WESTMINSTER CITY COUNCIL
650 _aUNDERPINNING
650 _aDAMAGES
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
999 _c61738
_d61738