NUISANCE-LIABILITY FOR INJURY CAUSED BY ENCROACHING TREE ROOTS

Authors

L. B. Lea, University of Michigan Law SchoolFollow

Abstract

Plaintiff and defendant were ad joining landowners. Roots of poplar trees on defendant's land extended onto plaintiff's premises, clogging the sewage system and extracting such nutritional value from the land as to injure her lawn and flower garden. Plaintiff brought an action for damages and equitable relief. Judgment was rendered for defendant on demurrer. On appeal, held, reversed. The encroaching roots constituted an actionable nuisance. Plaintiff was not limited to the self-help remedy of cutting the roots at the boundary line. Mead v. Vincent, (Okla. 1947) 187 P. (2d) 994.

Recommended Citation

L. B. Lea, NUISANCE-LIABILITY FOR INJURY CAUSED BY ENCROACHING TREE ROOTS, 46 Mich. L. Rev. 997 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss7/20