| Commentary

136 Damage by trees

| Commentary

136 Damage by trees

To the extent that they cross the boundary line whether in the air, along the ground, or under it, intruding branches and roots are infringing the property rights of the adjoining land owner who has the following legal remedies:

  1. 136.1

        Damages: He may sue for damages for nuisance if the interference with property rights is continuous and substantial. In most cases, branches are less likely to cause any substantial damage, but roots may undermine the foundations of a building and cause serious damage.

  2. 136.2

        Injunction: An adjoining owner is entitled to an injunction restraining the encroachment

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