Jones Ltd v Portsmouth City Council [2002] EWHC 1568 High Court
The claimant ran an insurance brokers in London road, Portsmouth. London road was owned by Hampshire County Council (HCC). There were two trees situated on London road outside the claimant’s premises. The roots of which encroached on the claimant’s property and the abstraction of moisture from the ground caused by the roots led to subsidence of the property. HCC had an agreement with the defendant, Portsmouth City Council (PCC) that PCC would be responsible for maintaining the trees on all highways in Portsmouth.
Held:
PCC were liable for nuisance despite the fact that they did not own or occupy the land because they had lawful exercise of control over the tree.