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Davey v Harrow Urban District Council.   1957

This case involved a claim by the plaintiff against the District Council for damages to his property caused by roots of neighbouring trees. The defendants denied ownership of the land that the trees were on and also claimed that the trees had not been planted but had been self sown and were growing naturally for 200 years. Judgement was given in favour of the defendants. However, upon appeal by the plaintiff, it was proven that the trees were actually owned by the council and that whether a tree is planted or self sown makes no difference as to the liability for the trees actions. The appeal was allowed.

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