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A possessor of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property.
Plaintiff property owner filed a claim against defendant adjoining property owners, alleging that trees on their land were causing damage to her property. Plaintiff claimed that the branches and roots of the trees encroached upon her property, causing damage to her roof, house, walkway, created allergies to her pet, and caused a loss of vegetation. The lower court entered a final order dismissing the complaint, and plaintiff appealed.
Could the plaintiff hold the defendants liable for the alleged damages caused by the defendants’ trees which encroached onto the plaintiff’s property?
The court affirmed the decision to dismiss, holding that there was no liability for a nuisance from natural vegetation or trees. The court noted that plaintiff could trim back any encroaching branches, roots, or vegetation that had grown onto her property at her own expense.