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Roller · 9th September 2007, 05:28 AM

UK Law Case Summary

Delaware Mansions Ltd and another v. Westminster City Council.
Court of Appeal, July 1999. Beldam, Thorpe and Pill LJJ.
This case involved damage to a property by tree roots.
In 1989 structural engineers reported that damage had occurred to some blocks of flats and that a Plane tree, which was owned by Westminster City Council, was responsible for the damage. The engineers recommended underpinning of the flats or removal of the tree. The council refused to remove the tree.

The flats were sold in June 1990 to the second appellant company for one pound. The first appellant company was formed, and owned, by the tenants to provide maintenance and service to the flats.

These companies were seeking damages from Westminster City Council for the cost of the remedial works carried out to repair the foundations of the flats, and which cost some ?570,735 pounds. However, their claim was dismissed on the grounds that they could not claim for the damages because the damage had occurred before they had become the new owners of the flats.

The plaintiffs appealed and won. During his judgement, Pill LJ said

"Thus, where there is a continuing nuisance, the owner is entitled to a declaration, to abate the nuisance, to damages for physical injury and to an injunction".

And,

"If the council had agreed to remove the tree when asked, the damages would have been very small. In the circumstances, which are probably unusual, the fact that the nuisance existed before the second appellant became the owner is irrelevant".

9th September 2007, 05:28 AM	#29 (permalink)
Roller Semi-mature vigorous tree Join Date: Feb 2007 Location: Suffolk UK Posts: 206	Re: Soil subsidence and trees UK Law Case Summary Delaware Mansions Ltd and another v. Westminster City Council. Court of Appeal, July 1999. Beldam, Thorpe and Pill LJJ. This case involved damage to a property by tree roots. In 1989 structural engineers reported that damage had occurred to some blocks of flats and that a Plane tree, which was owned by Westminster City Council, was responsible for the damage. The engineers recommended underpinning of the flats or removal of the tree. The council refused to remove the tree. The flats were sold in June 1990 to the second appellant company for one pound. The first appellant company was formed, and owned, by the tenants to provide maintenance and service to the flats. These companies were seeking damages from Westminster City Council for the cost of the remedial works carried out to repair the foundations of the flats, and which cost some ?570,735 pounds. However, their claim was dismissed on the grounds that they could not claim for the damages because the damage had occurred before they had become the new owners of the flats. The plaintiffs appealed and won. During his judgement, Pill LJ said "Thus, where there is a continuing nuisance, the owner is entitled to a declaration, to abate the nuisance, to damages for physical injury and to an injunction". And, "If the council had agreed to remove the tree when asked, the damages would have been very small. In the circumstances, which are probably unusual, the fact that the nuisance existed before the second appellant became the owner is irrelevant".