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Damage by Tree Roots

Data Law Limited

Summary

Price
£72 inc VAT
Or £24.00/mo. for 3 months...
Study method
Online
Duration
1 hour · Self-paced
Qualification
No formal qualification
Additional info
  • Tutor is available to students

Overview

Learning Outcomes

  • On completion of this course you will:

    • Understand the law of nuisance and the Delaware guidance
    • Be aware of the remedies available
    • Have considered the concept of Forseeability and the risk-based approach adopted after Berent, Robbins and Denness
    • Be familiar with the Defective Premises Act 1972

What is the target audience?

  • Conveyancing practitioners

Description

In circumstances where the roots of a tree have caused damage to a neighbouring property for example, the owner of the tree can be liable, under the law of nuisance, for such damage. However, in order for damage to be “reasonably foreseeable” it is necessary to show that the “defendant” knew or ought to have known, that such damage would arise.

Delivered by experienced lecturer Richard Quenby, this course consider why the long-held approach that liability is always established merely by the proximity of trees to buildings built on shrinkable soil may no longer be the accepted view and will focus on the three prominent cases in this area of law; Robbins v Bexley London Borough Council (2012), Berent v Family Mosaic Housing (2012) CA and Denness v East Hampshire DC, and the impact which these decisions have had on property and tree owners alike.

Whether you are bringing or defending tree roots claims, this course will highlight the importance of considering at the earlier stage possible what evidence will be required in order to bring or defeat claims and that when instructing an arboriculture expert you ensure that they are aware of recent research in this area.

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Legal information

This course is advertised on reed.co.uk by the Course Provider, whose terms and conditions apply. Purchases are made directly from the Course Provider, and as such, content and materials are supplied by the Course Provider directly. Reed is acting as agent and not reseller in relation to this course. Reed's only responsibility is to facilitate your payment for the course. It is your responsibility to review and agree to the Course Provider's terms and conditions and satisfy yourself as to the suitability of the course you intend to purchase. Reed will not have any responsibility for the content of the course and/or associated materials.

FAQs

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