A Selection of Cases Illustrative of the English Law of Tort
A Selection of Cases Illustrative of the English Law of Tort
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defendant had no right to cut the branches at all, or, at all events, no right to cut them without previous notice to the plaintiff and a request to him to cut them, and a non-compliance by the plaintiff with that request.
It was contended on behalf of the plaintiff that, having regard to the age of the trees and of the projecting branches, he had acquired a right to the exclusive possession of so much of the space above the defendant's soil as the branches actually filled, and that either unde...r the Statute of Limitations or by prescription the plaintiff had a right to keep the branches -when they had grown. It was contended that if a man erected on his own land something which projected over his neighbour's land, and it remained undisturbed for a sufficient length of time, his neighbour could not remove it nor maintain any action in respect of it. This is true. But to plant a tree on one's own land infringes no rights, and, if the tree grows over the soil of another, I cannot discover that any action lies for the encroachment unless damage can be proved.
What to read after A Selection of Cases Illustrative of the English Law of Tort?
You can find similar books in the "Read Also" column, or choose other free books by Kenny, Courtney Stanhope, 1847-1930 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
defendant had no right to cut the branches at all, or, at all events, no right to cut them without previous notice to the plaintiff and a request to him to cut them, and a non-compliance by the plaintiff with that request.
It was contended on behalf of the plaintiff that, having regard to the age of the trees and of the projecting branches, he had acquired a right to the exclusive possession of so much of the space above the defendant's soil as the branches actually filled, and that either unde...r the Statute of Limitations or by prescription the plaintiff had a right to keep the branches -when they had grown. It was contended that if a man erected on his own land something which projected over his neighbour's land, and it remained undisturbed for a sufficient length of time, his neighbour could not remove it nor maintain any action in respect of it. This is true. But to plant a tree on one's own land infringes no rights, and, if the tree grows over the soil of another, I cannot discover that any action lies for the encroachment unless damage can be proved.
What to read after A Selection of Cases Illustrative of the English Law of Tort?
You can find similar books in the "Read Also" column, or choose other free books by Kenny, Courtney Stanhope, 1847-1930 to read onlineMoreLess
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