Grandona v. Lovdal
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. The action was brought to compel the defendant to remove a certain line of trees on or near the boundary of his land and the land of the plaintiff, and to recover damages alleged to have been caused by reason of the existence of the trees during the preceding four years.
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Appeal from a judgment of the Superior Court of Sacramento County. The action was brought to compel the defendant to remove a certain line of trees on or near the boundary of his land and the land of the plaintiff, and to recover damages alleged to have been caused by reason of the existence of the trees during the preceding four years. The complaint alleged in effect that the trees had been allowed to grow to such a size that they had caused damage to the land of the plaintiff by lessening its value, and by reason of their dense shade, falling leaves, and protruding roots, and had broken…
1Opinion of the CourtMcKinstry, J.
The court below sustained a demurrer to the complaint. “ Trees whose branches extend over the land of another are not nuisances, except to the extent to which -the branches overhang the adjoining land. To that extent they are nuisances, and the person over whose land they extend may cut them off or have his action for damages, and an abatement of the nuisance against the owner or occupant of the land on which they grow, but he may not cut down the tree, neither can he cut the branches thereof beyond the extent to which they overhang his soil.” (Wood on Nuisances, sec. 112, citing Commonwealth…
2Cases cited1 opinion
- Commonwealth v. BlaisdellMassachusetts Supreme Judicial Court · 1871
3Cited by27 opinions
- California Trust Co. v. CohnCalifornia Supreme Court · 1932
- Gulf, Colorado & Santa Fe Railway Co. v. OakesTexas Supreme Court · 1900
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Lamb v. HarbaughCalifornia Supreme Court · 1895
- Lussier v. San Lorenzo Valley Water DistrictCalifornia Court of Appeal · 1988
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