UK Law Case Summary

Lemmon v. Webb.   

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.

• Appellant = A person who appeals to a higher court.
• Defendant = A person accused or sued in a court of law.
• Plaintiff = A person who brings a case against another in a court of law.
• Respondent = A defendant (esp. in an appeal case).