Lemmon v Webb – Case Summary

Thomas Warne Lemmon v Walter Webb

House of Lords

Citations: [1895] AC 1.

Facts

The appellant and respondent were neighbouring land-owners. Branches from the appellant’s trees overhung into the respondent’s garden. The respondent began cutting down the branches from within his garden. The appellant sued, arguing that the respondent was not allowed to cut the branches.

Issue(s)
  1. Was the respondent entitled to cut down the overhanging branches?
Decision

The House of Lords held in favour of the respondent. The overhanging branches were nuisance. The respondent was entitled to cut down the branches.

This Case is Authority For…

A person has the right to take action on their own land to abate a nuisance coming from another. There is no need for that person to give the other landowner notice of his actions.

Other

The Lords commented obiter that a person must give reasonable notice before going onto another’s land to abate a nuisance.

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