A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the damage was foreseeable. The council was not liable for breach of statutory under the 1980 Act since it had not planted the trees.
The test of foreseeability was whether the risk was one which a reasonable person in the Defendant’s position would have regarded as a real risk as distinct from a risk which he would have been justified in disregarding and taking no steps to eliminate
Judges:
Mr Toulson QC
Citations:
Times 19-Apr-1995, [1995] CLY 3661, [1996] Const LJ 64
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others CA 24-Feb-1995
The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and . .
Cited by:
Cited – Loftus-Brigham and Another v London Borough of Ealing CA 28-Oct-2003
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and . .
Cited – Berent v Family Mosaic Housing and Others TCC 25-May-2011
The claimant sought damages for subsidence to her property allegedly caused by the roots of trees on the defendants’ properties. Two large plane trees stood in the pavement outside the house and about 12 metres from it. . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Negligence, Local Government
Updated: 15 May 2022; Ref: scu.84608