TREE ROOTS, NUISANCE AND REASONABLENESS

Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55, [2002] BLR 25

In Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55; [2002] BLR 25 the House of Lords held that, where there is a continuing nuisance affecting property and the nuisance began before the claimant acquired his interest in the property, the claimant may nevertheless be entitled to recover the cost of remedying the nuisance provided that the defendant knew or ought to have known of the nuisance, the defendant had been given notice of the nuisance and a reasonable opportunity of abatement before the remedial expenditure was incurred by the claimant and the remedial expenses incurred were reasonable in the circumstances.