Here, the Bergins planted and maintained the tree exclusively. Who has the legal right and responsibility for the removal or care of such trees? In fact, they had tried to buy a strip of land with the trees from Mr. Keck without success. It also is an everyday explanation of the equitable doctrine of “laches.”. In 1943 Rhodig planted two more trees in a line with the first two. It always seemed a little ironic that English common law needed an entire branch of jurisprudence known as “equity.” Oliver Wendell Holmes, Jr., famously lectured a litigant once that his courtroom was “a court of law, young man, not a court of justice.” It was precisely because there was so much law and so little justice that medieval England developed a parallel judicial system known as courts of equity, where litigants could get just results that were precluded in the courts of law by hidebound rules of pleading and damages. I am hopeful that a WA lawyer with experience in this area will address the question, as it is an interesting one. In this event neither owner has the right to remove or injure the tree without the other’s consent. Minn. 1969). But it became a cult classic in 2001, and the melodious strains of the techno dance hit Invasion of the Gabber Robots can be heard in some corners of the ‘Net to this day. the actual stump was on the property of the main tree owner, although as stated above, parts of the stump on the other 2 properties. Remember – the dissent is the opinion of the losers. Minn. 1969), Garcia v. Sanchez, 108 N.M. 388, 772 P.2d 1311 (Ct.App. Although originally planted inside defendant’s property line, over the years the trees had reached full size, and had grown so that nine of them were directly on the boundary, with the trunks encroaching onto plaintiff’s property from one to fourteen inches. Keck admitted removing the trees but alleged that they were completely on his property and that he had the right to destroy them. As the old TV box announcer used to adjure, “You must act now. Renown for the Rock and Roll Hall of Fame, world leader in the manufacture of duct tape, home to some really good beer and some really bad teams …. Mr. Iny couldn’t dig up the attacking roots without going onto Mr. Collom’s place, and we’re suspecting from the decision that these two guys were not the best of friends. Photographs were also introduced which showed the tree interrupting the boundary line fence. The evidence showed that the base of the tree extended about 5 inches onto the Ridges’ property, but that the tree trunk narrows as it rises so that at a height of 1.25 feet, the trunk is entirely on Blahas’ side of the line. Held: The decision was reversed. This is why property owners are allowed to trim boundary trees back to the property line. Court’s analysis was simple: the tree grew in both yards, and thus, the Ridges had an interest in the tree, as did the Blahas. Colo. 1966), Ridge v. Blaha, 166 Ill.App.3d 662, 520 N.E.2d 980 (Ct.App. A Tree Preservation Order is being broken. Take Colorado, for example. At least that’s where they stood until the neighbor cut them down. The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. May 15, 2019 Harriet Robinson. It allowed for municipal grants to support the planting of trees along […] Held: The tree was a nuisance. The court found that yearly trenching of the roots and trimming of branches on Garcia’s side of the property line would essentially resolve any problems resulting from the encroachment of tree roots and overhanging branches on her property, so it ordered Sanchez to pay $420.80 for damage to Garcia’s alfalfa, to yearly trench the roots and trim the branches of the trees, and to provide water and nutrients to the trees in order to restrict their growth toward plaintiff’s property. There may be case law or a statute that even addresses such an issue. The issue of ownership of, and liability for boundary trees can be determined by statute, such as §833 and §834 of the 2009 California Civil Code: "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. 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