Lane v. WJ. Curry & Sons

FRANK F. DROWOTA, III, C.J.

delivered the opinion of the court, in which

E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JR., JJ„ joined.

OPINION

We granted review in this case to determine whether a landowner can bring a nuisance action against an adjoining landowner when tree branches and roots from the adjoining landowner’s property encroach upon and damage the neighboring landowner’s property. The plaintiff asserts that encroaching branches and roots from the defendant’s trees constitute a nuisance for which she is entitled to seek damages. The defendant…