The court was asked: ‘ (i) whether the Appellants, owed to the Respondents a ‘measured duty of care’ which, in certain circumstances, may arise as between adjoining landowners in respect of a hazard arising on their land without their fault; (ii) what that duty amounted to; and (iii) whether the appellants were in breach of it.’ A retaining wall had collapsed over the neighbour below’s land. Its height had been increased beyond , by a predecessor in title of the upper land.
Judges:
Arden, Christopher Clarke, Bean LJJ
Citations:
[2015] EWCA Civ 30, [2015] WLR(D) 34, [2015] 1 WLR 4081
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ilford Urban District Council v Beal and Judd 1925
A defendant land owner is not liable in nuisance to a property below them when they had neither created any nuisance nor continued it when they knew or ought to have known that their property constituted a nuisance or hidden danger to the properties . .
Cited – St Anne’s Well Brewery Co v Roberts 1928
. .
Cited – St Anne’s Well Brewery Co v Roberts CA 2-Jan-1928
Scrutton LJ said: ‘Under those circumstances it appears to me that the cardinal thing which would have to be proved to establish any liability against anybody would be, namely, knowledge of the defect which ultimately resulted in the fall of the . .
Cited – Wilkins v Leighton 1932
Luxmoore J said that ‘one of the most normal uses of land’ (for the purposes of the Rylands v. Fletcher doctrine) ‘ . . is to put buildings on it.’ . .
Lists of cited by and citing cases may be incomplete.
Negligence, Land
Updated: 24 October 2022; Ref: scu.541955