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A Continued Nuisance

Published online by Cambridge University Press:  06 August 2002

Benjamin Parker
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Extract

It is well established that in the tort of private nuisance an occupier of land is liable not only for those nuisances which he has created, but also for those which he has continued. An occupier continues a nuisance which exists on his land if, with actual or constructive knowledge of its existence, he fails to take reasonable steps to eliminate it. Two recent decisions, in the rather different contexts of root encroachment by a London plane tree and flooding from a sewer, have provided guidance on the legal consequences of continuing a nuisance.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 61 , Issue 2 , 24 June 2002 , pp. 260 - 263
Copyright
Copyright © Cambridge Law Journal and Contributors 2002

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