Added on 30/12/2011Law Case (upto 1950)

Lemmon v. Webb. 1894


House of Lords, Nov 1894.


Lord Herschell, L.C., Lord Macnaghten and Lord Davey.


This case involved the cutting of overhanging branches back to a property line.
The appellant sold an area of land to the respondent who then cut off the branches from the neighbouring trees which overhung his land. The branches were cut back to the property boundary without first notifying the tree owner (the appellant). The appellant sought damages and an injunction against the respondent to restrain him from the cutting of further branches without his permission.

This case was heard by Kekewich, J. who gave the judgement to the appellant and ordered that the respondent pay damages and costs. However, after an appeal by the respondent the court overturned the judgement of Kekewich, J. and directed the judgement in favour of the respondent. The appellant then appealed.

During the appeal Lord Macnaghten said "...if he can get rid of the interference or encroachment without committing a trespass, or entering upon the land of his neighbour, he may do so whenever he pleases, and that no notice or previous communication is required by law."


The appeal was dismissed.


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