Nuisance Trees Owned by the Council

[Ledburyjosh]

57 minutes ago, daltontrees said:

'knowing the tree was there' is not a valid argument. There's a principle in law called 'coming to the nuisance' and the courts over the centuries have settled that it does not diminish the nuisancer's duty.

Yes I hadn't come across the 'coming to the nuisance' thing before. Just reading around it and asking AI..

 

Not sure how much I personally agree with the brief summary of the below case, however such is law. This presumably could also translate to building a house next to trees then making the tree owner liable for any nuisance issues that arise.

 

Sturges v Bridgman (1879)

A doctor built a consulting room next to a long-established confectioner whose machinery caused vibrations. The court held that the confectioner was liable. Famous dictum: “What would be a nuisance in Belgravia Square would not necessarily be so in Bermondsey.”

The doctor’s arrival did not bar the claim

Edited 21 hours ago by Ledburyjosh