The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after further evidence it was found that the trees had been growing for some time on the defendants land.
Held: The defendants were liable in nuisance for damage caused by encroaching roots whether self sown or planted. Where a boundary hedge is delineated on an Ordnance Survey map by a line, the line indicates the centre of the existing hedge. This accords with the practice of the OS and courts can take notice of that practice as prima facie evidence of what a line on a map indicates. ‘After that Fisher -v- Winch and this, courts in future can take notice of this practice of the Ordnance Survey (that the boundary line on the map indicated the centre of the existing hedge) as at least prima facie evidence of what a line on the map indicates.’ As to damage by roots: ‘once it is established that encroachment by roots is a nuisance, it must follow that if damage is thereby caused, an action on the case will lie.’
Judges:
Lord Goddard CJ
Citations:
[1957] 2 WLR 941, [1957] 2 All ER 305, [1958] 1 QB 60
Jurisdiction:
England and Wales
Citing:
Applied – Fisher v Winch CA 1939
The land of both parties had been in common ownership. The first plot to be conveyed was sold by a conveyance which set out by reference to the numbers on an Ordnance map the different parcels with their description and acreage. The second . .
Applied – Lemmon v Webb HL 27-Nov-1894
A land-owner was free to lop off boughs from his neighbours trees to the extent that they reached over his land, and he could lop them without going on to the neighbour’s land. He was not required to give notice of his intention to do so. . .
Questioned – Giles v Walker 1890
. .
Explained – James Dressel v Partnership Housing Ltd EAT 19-Mar-2003
EAT The appellant challenged the decision of the tribunal in that the chairman had sat alone despite the existence of a condition under s5 requiring him to consider acting with a panel.
Held: The chairman . .
Cited by:
Cited – Alan Wibberley Building Ltd v Insley CA 12-Nov-1997
Where adjoining fields are separated by a hedge and a ditch, who owns the ditch?
Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS . .
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Cited – Network Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Land
Updated: 16 May 2022; Ref: scu.183042