| Commentary

145 Bonfires

| Commentary

3: NUISANCE

145 Bonfires

The burning of leaves and garden refuse, particularly in the autumn, can be a natural incident of the garden ownership, but if there are circumstances (such as the small size of the garden or proximity to a neighbour’s buildings or parked cars) in which the landowner lighting the fire could be held to have reasonably foreseen the damage caused by escaping sparks, there may be a liability for negligence, or, if bonfires are frequent, nuisance1.

By the Fires Prevention (Metropolis) Act 1774, which applies throughout England and Wales, no action is to be maintained against any person ‘on

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