Garcia v. Sanchez

OPINION

DONNELLY, Judge.

This case involves a dispute between neighboring landowners over trees originally planted on defendant’s property which have overgrown and now encroach upon plaintiff’s property.

Defendant appeals from an order of the district court directing her to pay damages for injury to plaintiff’s crops, to yearly trench the roots and trim the branches of trees growing on or adjacent to the boundary of the two tracts, and to provide water and nutrients for the trees. We discuss (1) whether the trial court erred in refusing to apply the rule applicable to trees growing on the common…