Whitesell v. Houlton

OPINION OF THE COURT BY

BURNS, J.

In this case, the district court held an owner of a banyan 1 tree liable for damages it caused to a neighbor’s property and for the cost incurred by the neighbor in cutting it back. The primary issues are whether a tree owner has a duty to prevent his tree from damaging his neighbor’s property and whether he is liable for the damage caused. We answer yes to both questions and we affirm.

Plaintiffs-Appellees Whitesells and Defendant- Appellant Houlton own and occupy adjoining residential properties.

Houlton’s property contains a banyan tree 80 to 90 feet high with…