Cases Illustrating the Principles of the Law of Torts

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1894. Lemmon v. Webb, L. R. (1894) 3 Ch. I (C. A. ). (Affirmed in the House of Lords, 1895, A. C. I. ) The encroacliment of tlie boughs or roots of trees upon the land of an adjoining owner is not a trespa ss or_a££upation o f the soil, but a nuisance, which may be abated without notice by the adjoining owner, if he can do so without entry.
A person injured by a nuisance upon the land of another may enter and abate the nuisance without notice, if the person in possession himself created it, or
...in cases of emergency. In other cases, notice to the person in posses- sion, requesting him to abate the nuisance, and non-compliance therewith are necessary to justify the entry and abatement of the nuisance by the person aggrieved.
Lindley, L. J. — The plaintiff and the defendant in this case are adjoining landowners. Some old. Trees situate on the plaintiff's land had branches which projected over the defendant's land. The defendant cut off so much of these branches as projected over ^ [1900] 2 Q.


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