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.


Lord Heschell LC, MacNaghten, Davey LL


[1895] AC 1, [1894] UKHL 1




England and Wales


Appeal fromLemmon v Webb CA 1894
A neighbour could lop boughs overhanging his property without notice to the owner of the tree, provided that he could do so without entering the owner’s land. A similar right of abatement by cutting applied to encroaching roots.
Lindley LJ . .
CitedThe Earl of Lonsdale v Nelson And Others 14-Nov-1823
Trespass for breaking and entering the plaintiff’s manor. Pleas, first, general issue; second, that from time immemorial there hath been and still is a public port partfy within the said manor, and also in a river which has been a public navigable . .
CitedFay v Prentice And Another 1845
A declaration in case stated that the defendant, being possessed of a messuage adjoining a garden of the plaintiff, erected a cornice upon his messuage, projecting over the garden, by means whereof rain-water flowed from the cornice into the garden, . .

Cited by:

AppliedDavey v Harrow Corporation CA 1957
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 . .
CitedNetwork 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, Torts – Other

Updated: 07 June 2022; Ref: scu.183043