The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included.
Citations:
Times 15-Oct-1997, [1997] EWHC QB 363
Links:
Jurisdiction:
England and Wales
Citing:
Reserved matters to – Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) v Scarborough Borough Council QBD 5-Dec-1997
. .
Leave to appeal – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 2-Jul-1998
Application for leave to appeal. . .
Cited by:
Reserved from – Holbeck Hall Hotel Limited (Now Known As Dawntime Limited), English Rose Hotels (Yorkshire) Limited (Formerly Imfoss Limited and Also Formerly English Rose Hotels Limited) v Scarborough Borough Council QBD 5-Dec-1997
. .
Leave sought from – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 2-Jul-1998
Application for leave to appeal. . .
Appeal from – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 22-Feb-2000
Land owned by the defendant was below a cliff, at the top of which was the claimant’s hotel. The land slipped, and the hotel collapsed. Some landslip was foreseen from natural causes, but not to the extent of this occasion.
Held: The owner of . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Land
Updated: 30 May 2022; Ref: scu.163124
