Case Law: Khan & Kane v Harrow Council
The 2013 case of Khan & Kane v Harrow Council the Court addressed the issue of foreseeability. The Claimants, Mr & Mrs Khan owned a house in the London Borough of Harrow. They alleged that tree roots from a neighbour’s tree had caused subsidence damage to their property. The first defendants, Harrow Council, was responsible […]
Tree preservation order claims: case law archive
Trees protected by a tree preservation order and implicated in subsidence damage can lead to claims for compensation. Such claims are made against the planning authority managing the tree protection. If an application is made for permission to fell a protected tree as it is causing damage, and the planning authority issue a ‘notice of […]
Case Law: Chubb v Enfield, TPO compensation
Where a tree is implicated in subsidence damage to a property, but that tree is protected by a tree preservation order, legal action can involve bringing a claim for compensation against the planning authority. Whilst the authority do not own the tree, they can be brought into a legal claim where they have been asked […]
Tree owners: how to limit storm risk
The frequency and severity of recent storms has left images of trees fallen on cars, houses, roads and railway lines, in our minds. With storms seeming to occur more frequently, it is worth a revisit of the law relating to the claims that can arise from trees failing during these dramatic events. Branches falling and […]
Legal case story: Delaware Mansions v Westminster Council
https://youtu.be/_HP_sqxY8h4
Legal Case Story: Leakey v National Trust
https://youtu.be/nZuxP3elYzg
