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

McCombe v. Read and Another. 1955


April, May 1955. Queens Bench Division. Harman, J.




This case involved damage to a property by Poplar roots.

The plaintiff brought an action against his neighbour, the defendants, for trespass and/or nuisance and/or negligence caused by roots of the defendants Poplar trees which they had planted. He alleged that the roots had encroached onto his land and had caused extensive damage to the foundations of his property through either undermining or through moisture abstraction from the clay soil and the subsequent shrinkage that this had caused. The plaintiff claimed both damages and an injunction to prevent such root encroachment.

The case was held in favour of the plaintiff, with both damages and an injunction being granted.





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