000 01458cam a2200241 4500
001 ABS65559
008 020521n2002 000 0 eng u
035 _a(Sirsi) u118075
100 _aMcGrigor
_vA
245 _aPrinciples: tree root encroachment
260 _c2002
490 _aRIBA Journal
_v109(5) May 2002,94(1)
520 _aDiscusses "Delaware Mansions Ltd v Westminster City Council" HL 2001 which has revised debate about the legal liability issues in respect of tree root encroachment causing damage to property. In addition to the standard nuisance tort in which the tree owner is liable for the cost of remedying the damage to the other person's land,it is suggested that liability test that the risk of damage to the neighbouring land should be reasonably foreseeable by the tree owner. Great emphasis is placed on advance notice being given as to potential damage. Owners who purchase property with knowledge of existing tree damage can still claim remedial costs especially if the tree owner has been notified but has done nothing.Considers further architects' duties and obligations concerning tree roots when designing an entirely new building.
590 _aABS
650 _aTREE ROOTS
650 _aENCROACHMENT
650 _aDELAWARE MANSIONS LTD V WESTMINSTER
650 _aNUISANCE
650 _aSUBSIDENCE
650 _aKALISZEWSKA V JOHN CLAGUE & PARTNERS
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c70314
_d70314