Lemmon v Webb
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1894 |
| Judgment citation (vLex) | [1894] UKHL J1127-1 |
| Court | House of Lords |
| Date | 27 November 1894 |
[1894] UKHL J1127-1
House of Lords
After hearing Counsel for the Appellant, as well on Friday last as this day, upon the Petition and Appeal of Thomas Warne Lemmon, of Ewhurst Place, in the County of Surrey, a Colonel in Her Majesty's Army, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 8th of May 1894, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of Walter Webb, lodged in answer to the said Appeal; and Counsel appearing for the said Respondent, but not called on; and due consideration had of what was offered for the said Appellant:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 8th of May 1894, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent...
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Davey v Harrow Corporation
...is not regarded as trespass but as a nuisance is well settled - Pickering v. Rudd 4 Camp 220, Lonsdale v. Nelson 2 B. & C. 311, Lemmon v. Webb 1894 3 Ch. 1. In the latter case in the court of Appeal all members of the Court treat encroachment of roots or branches as being on the same footin......
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Davey v Cambridge City Council
...my attention has been drawn. None of those were cited in the Lawrence v Fen Tigers case. The first of those, which is the decision in Lemmon v Webb [1895] AC 1, represents the classic statement of the law, which is that no right can be acquired by prescription to a nuisance by tree encroach......
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Delaware Mansions Ltd and Another v Westminster City Council
...the law of nuisance, root encroachment into a neighbouring property is similar to bough encroachment over the property. For instance in Lemmon v Webb [1894] 3 Ch 1, affirmed [1895] AC 1, where it was held that a neighbour could lop boughs overhanging his property without notice to the own......
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Bernstein of Leigh (Baron) v Skyviews & General Ltd
... ... (of Great Britain and Ireland) Ltd. [ 1957 ] 2 Q.B. 334 ; [ 1957 ] 2 W.L.R. 1007 ; [ 1957 ] 2 All E.R. 343 ... Lemmon v. Webb [ 1894 ] 3 Ch. 1 , C.A ... Pickering v. Rudd ( 1815 ) 4 Camp. 219 ... Saunders v. Smith ( 1838 ) 2 Jur. 491 ... ...
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The site
...with which Lord Clarke agreed (at [171])). 236 Coventry v Lawrence [2014] UKSC 13 at [123], per Lord Neuberger pSC. 237 Lemmon v Webb [1895] aC 1 at 7, per Lord Macnaghten; Dayani v London Borough of Bromley [2001] BLr 503 at 512, per recorder Moxon-Browne QC. 238 he Proprietors of Strata P......