You can be in control without being in occupation
Managing agents and others who undertake to look after property on a long-term basis should take a hard look at LE Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002] EWCA Civ 1723; [2003] 15 EG 139.
Somewhat alarmingly, liability was incurred to a neighbouring property owner, not for a single instance of negligence, but (in nuisance) for the ongoing state of the property being cared for. Having found that the defendants had a degree of control sufficient to avoid or abate the matters complained (soil desiccation caused by trees), the Court of Appeal held that it was no answer to show that they could not be described as occupiers of the property.
Related item:
Green v Lord Somerleyton [2003] EWCA Civ 198; [2003] 11 EG 152 (CS) (flooding naturally caused).
You can be in control without being in occupation
Managing agents and others who undertake to look after property on a long-term basis should take a hard look at LE Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002] EWCA Civ 1723; [2003] 15 EG 139.
Somewhat alarmingly, liability was incurred to a neighbouring property owner, not for a single instance of negligence, but (in nuisance) for the ongoing state of the property being cared for. Having found that the defendants had a degree of control sufficient to avoid or abate the matters complained (soil desiccation caused by trees), the Court of Appeal held that it was no answer to show that they could not be described as occupiers of the property.
Related item:
Green v Lord Somerleyton [2003] EWCA Civ 198; [2003] 11 EG 152 (CS) (flooding naturally caused).
