Melnick v. C.S.X. Corp.

ELDRIDGE, Judge.. This case presents an issue never before decided by this Court: whether a landowner has a cause of action against an adjoining landowner when trees, vines, roots, and other plants or plant debris from the adjoining landowner’s property encroach upon and cause damage to the landowner’s property.

I

The relevant facts are as follows. 1 In 1978, the plaintiff Johnathan Melnick purchased a tract of land situated in the City of Baltimore, known as 900-920 East 25th Street. The Melnick property shares a common boundary with a railroad right-of-way owned by the defendant Baltimore and…